Blended Family Estate Planning

We have all seen blended families portrayed on TV.  They are always depicted by happy, wholesome family members that love each other to the depths of their hearts.  In reality however, this is not always true. The love factor may always resonate but elements can fade when it comes to the passing of a loved one and their estate.  Often time’s things get messy.
In order to skip that mess and to have a better plan, it is important to hire an estate planning attorney whose firm specializes in family law who will help you create a plan to prevent any uneasiness between family members upon your passing.  However, before you do that, you should really consider your future. In doing so, you should alleviate any guess work and but incorporate all the metrics which can give you a real insight into what lies ahead. Also, it can be said that the future of your blended family depends upon who owns the estate, how many members have a right to it, and are there any preliminary steps already taken by the estate owner.
There are three basic considerations to think about when you are estate planning.

1) Trusts

Trusts are established in order to ensure a healthy distribution of the assets of a remarried couple. There are many types of trusts, the QIPT, Marital, and Bypass trusts. However, choosing the right trust depends upon the financial status of the real estate.
It should also be noted that whatever trust you are establishing, you should always consider placing your children as the intermediate beneficiaries. By doing this, you conserve their rights as on your death they will be paid some amount.
On the other hand, if you name surviving spouse as your successor trustee, then chances are that the differences between him or her and your children will pull the family in troubles in the future.

2) The Power of Wills and Attorneys

It doesn’t matter which kind of trust you establish. If you’re living will says something otherwise than what the trust says, then your will is the one that is going to be preferred. We recommend you set up a living will and also establish power of attorney not only for your medical decisions but also for the financial decisions when you are no longer able to take them yourself.
This practice can eliminate the confusion and the emotional stress that would prevail in your family upon your terminal ailment. Also, someone who is experienced and sound minded will help you indirectly steer things the way you want it to go.

3) Life Insurance Policies and Retirement Plans

Both of these require you to name beneficiaries for the assets that they bear. Upon your death, the beneficiary that you have named will be given all the assets. Thus, it is necessary for everyone to check the beneficiaries which they have named so that a minor or a former spouse is not listed.
Finding the right estate planning in a blended family can be a tough task because in such families the tendency of complexities is more. Thus, in order to get everything right, work with an elder law attorney that offers specialized services in family law.
Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at www.seanjnichols.com.  To contact the offices of Sean J Nichols call 734.386.0224 today.

Don't Forget To Update Your Estate Plan in the New Year

Estate plans like everything else in life needs to be renewed on a yearly basis. The fact that you had it done at all does not mean you should lock it up in the safe to gather dust. Every day there are changes in your life from personal circumstances, finance, health, and business dealings of great importance. These changes inadvertently could make your last estate plan obsolete, and there is the need for new plans to prevent unforeseen crises from posing greater burdens to your family.
Your estate planning will improve on the last draft and take care of any infraction of the law in case there have been changes in the law upon which the old Wills was made. The following outline the reasons you need to update your estate plan in the New Year.

Changes in Tax Laws

The law of the land is what gives Wills its legal teeth. If your estate plans run contrary to provisions of the law, it may become a burden to your family after you are gone. Engaging in estate planning update helps to bring your current wills under the prevailing law.

Divorce and Marriage

The last estate plans you did, you were in a marriage, but you just divorced and to leave the Wills in favor of your ex-partner will cause problems for your survivors when you are gone. Updating it now will replace it with the right beneficiary.

Changes in the Size of Your Estate

We grow older every day; your asset may increase or reduce as the case may be. Whatever is the situation, estate planning will add the correct asset value in your estate to make life a peaceful one for your family after your departure.

Acquisition or Disposition of an Asset

When you change the physical structure of your asset whether by acquiring more assets or you dispose of some assets, it is expedient to update your estate so you can factor in the new reality into your Wills.
Change in trustee, guardians or personal representatives. Wills are drafted to settle our estate most amicably after we departed; at the time of the last draft, your baby had a Guardian whose name appeared in the Will, but that has changed to a new person. A new estate planning will take care of the changes in the name of the guardian or representative.

New Thinking

We all seem to get better with the passage of time; this may be enough reasons to have a rethinking on some issues which may necessitate a change in your estate document.

New Rules Surrounding POA Rules

Some financial and health institutions have laws that may cause them to refuse Power of attorney if its older than certain age (a year or two), updating your estate planning will make your current Wills fresh, new, and current to make your Wills acceptable.

A yearly update of your estate plans makes it current and agrees with your life at the moment. Your survivors will have no problem executing your wills after you are gone without constituting a burden to your loved ones.

Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at www.seanjnichols.com.  To contact the offices of Sean J Nichols call 734.386.0224 today.

Functions and Duties of an Elder Law Attorney

Elder law attorneys and elder care attorneys deal with legal needs of the elderly – those typically above 65 years of age. Elder care attorneys also work on behalf of their disabled clients who are below 65 years of age and have similar long-term care needs to those of the elderly.

Duties of an Elder Care Attorney

One of the main functions of an elder care attorney is the provision of legal assistance in the case of will and estate planning of the elderly. The scope of elder law attorneys, however, extends to assisting the elderly with any legal issue they may have. These issues include:

• Living wills – An elder law attorney helps to draft a will and advise on estate planning that protects the interests of the elder and the family.
• Long-term care – An elder care attorney uses his experience and expertise to locate the right nursing home facility that will provide long-term quality care at an affordable cost that works for the elder and his family.

Nursing Home Care

An elder care attorney also keeps abreast with the deliverables promised by the nursing home and ensures that they carry out their obligations efficiently. Should the need arise; the elder care attorney defends the rights of the resident against neglect, negligence or improper treatment of the resident.

• Guardianship – An elder law attorney advises the elder on the prudence of enabling a family member or any other responsible person to make decisions on his behalf with regard to his health, finances and legal issues if he becomes incapacitated.
• Medicaid Eligibility – An elder care attorney advises on how to plan for long-term care while protecting your estate from being taken up with medical costs. The three main ways of paying for long-term care is either self-paying, long-term care insurance or Medicaid.

An elder care attorney helps to advice through the complicated web of Medicaid eligibility and by understanding the system guides the elder in a successful estate planning.

• Probate administration and representation – An elder law attorney facilitates arrangements of estate administration and representation early in advance for the benefit of the family. In the event that disputes do arise after the passing of the elder, the elder law attorney helps in resolution of these disputes including matters of a contested will.

Factors to consider when choosing an elder care attorney

• Expert and exclusive focus on elder law – Elder law can be very complex, detailed and ever-changing and the ideal elder care attorney is one who is intimately familiar with it and practices it regularly and seriously.
• Experience – Long-term expertise and experience are the cornerstone of a successful elder care attorney who is able to handle each client’s case in an individualized and experienced manner.
• Active and Good Listener – The ideal elder law attorney is one who takes the time to understand the client’s needs and specifications and is attentive to listen and care about your welfare and working together with you to craft the best solution.

Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at www.seanjnichols.com.  To contact the offices of Sean J Nichols call 734.386.0224 today.

Elder Law: Helping Seniors Plan For Their Future

One of the best things about U.S. law is that there are so many different areas of it that cover all aspects of life. Among the many different areas of law that attorneys can specialize in, elder law is just one. Elder law comprises of helping aged people plan for their future and for what happens after they pass away. While it's not a subject that people enjoy talking about, it's a necessity for all seniors. Attorneys who practice elder law can help elderly people with all aspects of their current life and assets.
Many different issues fall under the elder law heading, but some of the most common are outlined here.

1. Estate Planning

It's crucial that a properly executed will is prepared for you to make sure your estate is adequately handled after your death. Meeting with estate lawyers to discuss your heirs and last wishes are crucial if you have an estate of any size. A will that clearly and concisely states who will inherit what and how your estate is to be distributed can prevent your heirs from squabbling about your estate after you've passed away.

2. Protecting Seniors from Abuse

This is one of the most distressing examples of why you may want to consult an attorney specializing in concerns of the elderly. If you have an aged parent who is in a nursing home, receiving skilled nursing care, or being cared for by someone else and you suspect that your parent is being neglected or abused, you must consult with a litigation attorney as soon as possible who specializes in cases of elder abuse. They can give you the guidance and support you need while investigating and filing suit against the abuser or abusers.

3. Conservatorships

It may be necessary to establish a conservatorship over an elder's estate when proper estate planning documents have not been put into place. To make financial decisions essential and healthcare for an elder court intervention is sought to grant someone the authority.

4. Help with Financial Planning

Are you planning to retire? Then an elder law specialist can help you develop a stable, long-term financial plan that will protect your finances while allowing you to live comfortably in your golden years. Estate lawyers can also help you choose an appropriate nursing home or assisted living facility when the time comes and oversee your finances to make sure your bills are paid, and your property is handled correctly.

5. Social Security Disputes

Social security is a financial safety net for many seniors after retirement. Depending on the monthly checks you receive from social security can be difficult, particularly if you don't feel you're receiving appropriate benefits. If you have a dispute over your social security payments, an elder law litigation attorney can represent you and protect your interests, helping you get the social security benefits you deserve.

An elder law attorney can be an excellent partner for you as you plan out the legal and financial aspects of the next stage of your life or the life of a loved one.
Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at www.seanjnichols.com.  To contact the offices of Sean J Nichols call 734.386.0224 today.

The Importance of Estate Planning

The purpose of estate planning is to help you achieve your personal and family goals after you pass away. It ensures that your assets will end up in the hands of those people whom you wish them to go to so that you can reach your personal and financial goals even after you die. You also can reduce the amount of taxes paid by planning your estate in the right way to ensure that your heirs receive a more substantial inheritance.

Estate Planning Attorney

Know this; your state treasurer or an attorney may be the most significant beneficiaries when you pass on if you don't have an estate plan. Your family will be able to avoid unnecessary taxation and high payments to an attorney with estate planning and trusts. Proper estate planning by a probate lawyer doesn't have to cost a fortune, and it puts you in control of the division of assets. It gives you control from the grave on the disposition of your items besides saving dollars that you want to go to your family.
The saying that the only two sure things in life are death and taxes has existed for centuries. Death is certainty and something that must be faced, but people don’t like thinking about it. A plan for your estate consists of a set of documents that help you plan for taxes and death, and it is something that nearly everyone needs -- regardless of their financial and familial affairs are complex or simple.

Do You Want Probate Courts To Decide For You?

Many of these are problems most of us never think of during our lifetimes or are things that we simply choose not to believe. But if there is no plan in place, these issues are handled by the courts. It is therefore essential to have a plan in place so that you can decide for yourself the best choices for your family, such as who will care for minor children, who will receive your property, and who will finalize your affairs.

Naming an Executor

You also name an executor or executrix for the estate in the will. This is the person in charge of distributing the property at your demise. It is best to name an alternate if the primary executor is unable to do the job. You can use a spouse for this or a trusted child. This person overlooks the work of the attorney at the time of your death and arranges for the distribution of your property. If you worry about finding you'll want someone else later, don't. You can change any part of your will at any time.
Estate planning can be a somewhat complicated matter, and it does require good judgment to ensure that you achieve the outcomes you desire. It gives you a choice while you are alive to determine who, what, when, where and how your estate will be handled. It also allows for substantial savings when dealing with tax issues, court costs, and attorney fees. Planning your estate also helps your loved ones avoid the burden of having to deal with bureaucracy and confusion after you pass away.
Planning an estate can be a bit overwhelming. However, a lawyer specializing in estate plans has the knowledge and experience necessary to guide you through the process while. When you have a good plan in place, you are given the peace of mind knowing that all of your affairs will be handled as you wish after you leave this earth.
Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at www.seanjnichols.com.  To contact the offices of Sean J Nichols call 734.386.0224 today.

Legal Services for Family Issues

Different types of family issues can be handled with the help of professionals in legal practices. Legal professionals are needed for making wills and trusts in order to give property to legal owners. Trusts are made in order to handle all the finances in a professional manner. Wills are made by people at the time of death in order to distribute their property to their desired people.

• Many professionals in law are available in order to provide services for making wills and trusts to help users.
• With the help of professional assistance it is possible to get benefits in many ways and remain safe from legal complications.
• You can have your family law attorney who will work for you and deal with your family issues.
• All types of legal issues related with any family can be handled with care with the help of professionals.
• There are many legal complications which are involved at the time of distribution of property.
• If the family members are not able to settle the matters of property among them then they have to consult with legal professionals who will check the matters and get legal decisions.
• Those people who have property and money and who are willing to give them to a desired person at the time of their death must use wills.

They hire professionals in law who will draw up a will for them. This legal document is used after the death of the person. In this document all the details about distribution of property are mentioned to help in smooth working. All the heirs of deceased person are required to work as per instructions of will. Details are mentioned about the amount of property and money to be given after the death of owner of property.

Lawyers and attorneys are given wills to make sure that the details and instructions in the will are completed and followed. Many people like to make a trust so that they can give care and money to their desired people. Trust is handled by legal professionals as per instructions of makers of trust. A beneficiary is nominated in trust who will receive the benefits of trust.

There is a specific term for which trust will work and at the time of completion of that period the person nominated as beneficiary will receive the benefits. Trusts are working to make sure that the nominated people could receive benefits without problems. Mostly trusts are made for kids who are not mature enough to take care of themselves. A beneficiary is nominated who works to make sure that the rights of kids are completed till a specified time period.

On that time the rights of property are transferred to kids and they are able to use the property or other things in trust. These and many other family related matters are handled with care through professionals in law. Many people are using wills and trusts and using services of legal professionals. You can hire a family law attorney who will work for you and deal with all types of legal issues to make sure that you can get benefits.

Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at www.seanjnichols.com.  To contact the offices of Sean J Nichols call 734.386.0224 today.

Estate Planning Legal Services

When it comes to estate planning there are a number of professionals that can provide you assistance but none as thorough as an attorney that specializes in estate planning, family law, and/or elder law.  It is important to have the help of a professional when looking into creating a plan for the future and creating an estate plan.  An estate plan will help ensure that your property is distributed properly to your family and friends upon your passing.

Estate planning was designed to cover a person’s whole life span in matters related to their life and death.

Facts Surrounding Estate Plans

• You can hire an attorney that specializes in estate planning to assist you in establishing a reliable plan of action for your estate. This is helpful in case of your untimely passing or if something should happen to incapacitate you.  It allows your wishes to be known and followed through on.
• Having an estate plan in place not only offers you as an individual protection but your family as well.
• Estate planning allows you to avoid probate court and give protection to your family members and friends.
• An estate plan allows you to keep your money and property while you are living and transfer it legally to family.
• Many different benefits are derived from creating an estate plan. One benefit that is important is that you can nominate a person who will use the property at your death so that the property and other important belongings can remain safe from unauthorized access.  It also allows your property to be transferred to the desired people.
• Often times an attorney specializing in estate plans in order to get the biggest benefits. Professionals can offer up a number of options for users to choose from when they are creating plans for their estate.

All of these options will help make reliable selections when creating a detailed estate plan.  With the help of an estate planning attorney you get legal protection for your money, property, and other important things. Detailed investigation and reporting will be done and legal steps will be followed to make sure that you are going to use the property and transfer it to your desired persons.

These types of plans are important as these help in legal transfer of property from one person to another. Property matters are complex and take a lot of time to settle. In case of estate plan it is possible to transfer the property to the legal owner at the death of original owner.

Estate plans are reliable and legal in order to help users to remain safe from problems in transfer of property. There are many types of problems in connection with transfer of property when the original owner is dead. Estate plan is giving details about the legal owner who will use the property after the death of original owner.

The original owner is able to transfer the property and other things to desired persons with the help of estate plan. If you want to use the property and transfer it to legal owners of your choice after your death then you must use estate plan. You can hire attorney specializing in estate plans in order to get these types of services.

Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at www.seanjnichols.com.  To contact the offices of Sean J Nichols call 734.386.0224 today.

Top Four Benefits of Hiring an Estate Planning Attorney

Our thought process is something that we can control, aging however is not.  With aging comes the need to realize that life doesn’t go on forever and that it may end before you know it.  If you have had a beautiful life, lived in a lavish home and your family has a bright future ahead it is crucial that you have a plan in place for your passing.  You want to ensure that your family has an immediate plan for the future while ensuring your complete control over the plan until you are mentally unable to.

This is where hiring an estate planning attorney comes into the scenario to help manage all of the legal matters regarding your assets.  The process is one that takes time and is continually updated to include all of the changes in your life as they happen.  There are many complexities when it comes to passing on your estate.  It is beneficial to hire an attorney that specializes in estate planning, wills and trusts, and probate law to establish a plan of action for a time when you pass or are no longer able to make decisions on your own.

• Wills and Beneficiaries

It is a basic obligation to state your will before your death to avoid chaos in the case of an untimely death. How to legally handle the divisions and ensure that the plan laid out is followed is the task of your estate planning attorney, who will make it his/her primary objective to execute your will.

The beneficiaries you state and the decisions you make will not involve any personal opinion by your professional assistant, but the end result will be as pragmatic as possible under his/her watchful eye.

• Reduced Taxes and Probate

Someone who owns real estate that catches a lot of attention becomes the talk of the town where he/she resides in case any legal ruling is called out. This is where estate planning comes into play; your attorney will make sure all your rights are intact and that you are not a victim of any disrespectful ruling.

An estate law attorney is equally as helpful when it comes to dealing with taxation because he/she keeps an eye on each dollar extracted from your pocket, and reserves the right to question any authority that decides to take more out of you than it is entitled to.

• Recognizes Your Individual Needs

An estate attorney is the friend you need to talk out all your financial concerns with because those who are wealthy are not necessarily completely satisfied with life. A professional attorney is well trained to understand the perplexed images which blur the mind of their employers, and are well equipped to handle emotion with rationality.

In addition, they are some of the finest bunch you can find if you are looking for individuals who understand before recommending.

• Legal Enforcement

Attorneys are in business because the law is not for everyone to have an in depth knowledge about. Sometimes the most achievable of tasks turn out to contradict the law, and that is where your attorney should step in to inform you the feasibility of carrying that task out under the law your country abides by.

These legal mandates become very binding in these later years of one’s life, and your estate planning attorney is all the protection and brainpower you need to deal with them.

Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at http://seanjnichols.com/estate_planning.  To contact the offices of Sean J Nichols call 734.386.0224 today.

Attorney Help for Seniors Facing Aging Issues

Elder law lawyers are advocates for senior citizens and their needs.  Attorneys specializing in elder law handle a wide range of legal matters that affect seniors such as issues related to long term care planning, guardianship, Medicare/Medicaid, social security, retirement, estate planning, and other crucial issues.

Elder law attorneys are specialists in senior affairs due to their consciousness on the desires of the older adults which are often different between one another and those of younger adults.  Seniors deal with daily issues that affect their actual care, from residing in assisted living facilities and discrepancies in existing estate plans.  In our golden years we often look at our plans for retirement and aging with blinders on.  When it actually hits though we often realize that the way we mapped it out to achieve has not happened at all.

We imagine only happy circumstances in which our biggest concern is which cruise to take in any given year. The reality is, people get sick, they age and they run out of money or they lose the ability to make decisions for themselves. This is where a good elder law attorney can help.  Attorneys that specialize in helping people plan for the future and provide legal services to seniors can help seniors make the most of the challenging situations they may face. With years of experience in the field and plenty of resources at their disposal, these legal professionals have the greatest resources you can have to get you through your golden years with the support you need.

As we age, many of us are faced with problems that we've in no way had to deal with earlier than. Retirement planning, property planning, trusts, guardianships, lengthy-time period clinical wishes, Social protection, Medicaid and Medicare; these are only a few of the troubles that older adults face every day. Sometimes all of the paperwork coming at you can be overwhelming and often times perplexing. In situations like these the help of a lawyer who specializes in senior issues can be beneficial.

Elder care legal professionals are legal professionals who've dedicated their practice to meeting the unique wishes of seniors and their families. Elder law attorneys assist adults that are aging and their families to develop legal protection and get their affairs in order to ensure a smooth transition into retirement and beyond.  It is pertinent to develop a relationship  with a family law attorney that specialize in estate planning and elder law to avoid the pitfalls that come with aging and the vulnerability that is often faced by seniors.

Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at http://seanjnichols.com/elder_law.  To contact the offices of Sean J Nichols call 734.386.0224 today.

Hot Topics in Elder Law Planning

Elder law is a field of the law that specializes in legal issues which affect senior citizens. Elder law planning covers quite a few topics, but there are a few key areas which routinely fall under its jurisdiction, namely health care, financial, and relationship needs.

Attorneys who specialize in this field will work closely with their clients, along with their families, to get an all-encompassing view of their needs. This practice of working closely with the client is the best way for a lawyer to tailor the best legal solution and ensure a high quality of life.

Attorneys working with the elderly can create plans for retirement, and help them acquire the long-term care they need. They will also take the necessary steps to protect their clients businesses, ensure the fair and equitable dispersal of valuables to the heirs and charities, according to the client's wishes.
Health care issues are a major concern for the elderly and as the costs of assisted living or nursing home care can be quite substantial, proper planning needs to be in place to protect hard earned investments earned over a lifetime. Mismanagement in this area can often mean that the long-term care facility receives all of the person’s finances, rather than have it go to their loved ones.

Comprehensive elder law planning will put measures in place that protect the elderly should their health deteriorate to the point where they can no longer handle their finances. They can organize guardianships that go into effect once certain conditions are met, such as a doctor's declaration about their mental health.

Not every elder law attorney can be an expert in every area so when choosing an attorney, ensure they have the expertise and experience to suit your situation. If not, most attorneys will be more than happy to refer you to one of their colleagues, if they are not in a position to meet your needs.

Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at www.seanjnichols.com.  To contact the offices of Sean J Nichols call 734.386.0224 today.

What is the Difference Between an Estate Plan and a Will

Estate plans and wills are powerful documents. They grant you the ability to distribute your estate, appoint guardianship, pick your heirs, and give your most valuable belongings to your favorite people. It's essential you have it in mind that a will is only a part of an estate plan, not an estate plan. A complete estate plan entails more than just a will. It should include an advanced directive, a power of attorney, and, if you so choose, trusts for your children, favorite charity, grandchildren or even a beloved pet.

Here is a concise explanation of each. An estate plan and a will grants you control over your assets, health decision, and a peace of mind for your family.
Estate planning allows you to prepare and forecast, during your life, for the supervision and control of your estate during your life and after death, maximizing gift, estate, and income tax in the process. By contrast, a will is a document that guides who will take your property after your death and it selects a legal delegate to ensure your wishes are carried out. An estate plan helps you plan for incapacity, reduce and eliminate uncertainties over the handling of a probate. It also minimizes the worth of the estate by decreasing tax and some other expenses. The ultimate goal of estate planning can be determined by the specific goals of the client and may be as simple or complex as the client's needs dictate

It should be clear that an estate plan involves the trusts, will, beneficiary designations, powers of appointment, property ownership (joint tenancy with rights of survivorship, tenancy in common, tenancy by the entirety), gift, and powers of attorney. It is the durable financial power of attorney and the durable medical power of attorney. In contrast, a will entails a property that is in your name when you die. A will never covers property possessed in joint ownership. A will never covers property possessed in joint ownership. For a property to be included in a will, it must be put in the estate plan. An estate plan covers every property that has been handed over to a trust. Some special decisions like whether to be buried or cremated can also be part of a will. It should be noted that some complex estate plans may even cover winding up a business.

A will go into effect only after you die, while an estate plan takes effect as soon as you create it. This implies that an estate plan contains documents like a trust, will, etc. which takes effect as soon as you create it. A will passes through probate. That implies that a court supervises the execution of the will and makes sure the will is authentic, and the property is shared the exact way the deceased wanted. A will permits you to name a guardian for your children and specify how your funeral should be. For an estate plan, you can plan for disability or provide savings on taxes. Your elder law attorney can tell you how best to use a will in your estate plan.
Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at www.seanjnichols.com.  To contact the offices of Sean J Nichols call 734.386.0224 today.

The Importance of Estate Planning

Eѕtаtе рlаnning iѕ a term that is thrоwn аrоund a lot. And аlthоugh everyone agrees you ѕhоuld dо it, what is involved in the process is never ԛuitе explained in thоrоugh dеtаil. Pеrhарѕ thаt iѕ why ѕо mаnу people рut off thе tаѕk оf planning an estate and writing a will until thе last minute оr, wоrѕе, until it iѕ tоо lаtе. Lеt'ѕ detail not оnlу what еѕtаtе planning is but аlѕо what the еnd gоаlѕ оf planning уоur еѕtаtе should bе.

Eѕtаtе Planning, Whаt Is It?

Eѕtаtе рlаnning spans a rаngе оf fiеldѕ, inсluding thе drаfting оf a will, establishing trusts, reducing tаxеѕ, advance medical inѕtruсtiоnѕ, inѕtituting powers аttоrnеу, appointing truѕtееѕ, аnd buѕinеѕѕ succession planning. It involves сrеаting a fullу detailed рlаn thаt transfers уоur аѕѕеtѕ to thеir intended bеnеfiсiаriеѕ upon death. Whilе it ѕhоuld be wеll-ѕtruсturеd, it must аlѕо make rооm for flexibility.

Gоаlѕ аnd Rеwаrdѕ

Thе goals of planning уоur еѕtаtе and сrаfting a will аrе tо rеduсе lеgаl рrоblеmѕ, avoid expensive litigаtiоn, аnd rеduсе tаxеѕ. This, fоr аll its lеgаl complexity, rеԛuirеѕ the assistance аnd guidance аnd еxреrtiѕе of ѕеаѕоnеd lеgаl рrоfеѕѕiоnаlѕ whо ѕресiаlѕ in wills and еѕtаtеѕ. Cоmрrеhеnѕivе finаnсiаl and asset mаnаgеmеnt is оffеrеd during thiѕ рrосеѕѕ tо ensure that nо lоорhоlеѕ are lеft untiеd аnd nо dеtаilѕ аrе lеft оut, whiсh mау рrоvе to dеtrimеntаl tо thеѕе gоаlѕ in the еnd.

Before You Start Plаnning Your Eѕtаtе

Yоu will nееd a lawyer whоm уоu trust. If уоu dо not already have a lawyer, find оnе in уоur аrеа who ѕресiаlizеѕ in еѕtаtеѕ аnd willѕ, ѕресifiсаllу, tо hеlр уоu сrеаtе a solid ѕtrаtеgу that fitѕ уоur uniԛuе needs.  Don't bе timid! If уоu аrе not ѕurе уоu hаvе fоund thе right legal representation, trеаt уоur firѕt meeting with thеm as an intеrviеw. Ask questions and don't be аfrаid to ask fоr rеfеrеnсеѕ from сurrеnt сliеntѕ.

In рlаnning your еѕtаtе аnd creating a will, you have a vаriеtу оf орtiоnѕ, which you саn оnlу utilize with thе hеlр of  an attorney specializing in estate planning. It is wise tо соntасt legal rерrеѕеntаtiоn in your area as they will have the best understanding of  local laws that need to be recognized. Find a lаwуеr who ѕресiаlizеd in the аrеа оf willѕ and estate planning as they can guide you through the lоорhоlеѕ thаt саn еithеr nеgаtivеlу оr positively imрасt your efforts аnd gоаlѕ. A great lаwуеr will hеlр you tо dеviѕе a ѕtrаtеgу thаt is fullу in уоur fаvor and tаkеѕ full advantage оf аll estate lаwѕ.

In our next installment on estate planning we will go more in depth into the process and how it will affect your heirs and probate as it affects your end goal of transferring your assets.

Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at www.seanjnichols.com.  To contact the offices of Sean J Nichols call 734.386.0224 today.

Planning your estate when you've got no children or heirs

Having no heirs or surviving spouse can make estate-planning decisions more difficult. Appropriately directing assets involves naming beneficiaries on financial accounts such as 401(k) plans and life insurance policies. Whom to appoint as a trustworthy health-care proxy or power of attorney is also tricky. Certified financial planner Mike Keeler has a client, a retired teacher, who saved diligently for her golden years and will leave behind a sizable estate when she passes away. Her estate-planning challenge, though, is that she has no children. It's a situation financial advisors come across frequently: Childless clients who are unsure what should happen to assets they leave behind or whom to appoint as their proxy decision-maker. "Sometimes there is no close family, and the person doesn't know who to leave their estate to," said Keeler, CEO of Peak Financial Solutions. "They also don't know who to name as executor of their will or who they trust to make decisions for them if they are [incapacitated while still living]. These can be tough decisions." While specific data on estate planning among the childless is hard to come by, studies show that most people fail to put in place even the most basic part of estate planning: a will. For instance, a 2016 Rocket Lawyer study conducted by Harris Poll shows that 64 percent of Americans lack that basic document. The problem with having no will (called dying intestate) is that your state's court system decides who gets your assets. And on top of property-related considerations are other important estate-planning components, regardless of marital or parental status. But decisions that can be hard enough for people with family ties or close friends become harder for those without those relationships. When that's the case, advisors start by encouraging people to focus on their interests and tie them to charitable giving. "I find out what they're passionate about," Keeler said. "When they start thinking about the possibilities and the gears start turning in their heads, it can be a fun conversation." Keeler's client, the retired teacher, decided to establish a foundation to award scholarships to college-bound kids who attended the at-risk middle school where she was a teacher. The scholarships will come with certain stipulations, all determined by the client. Keeler encouraged her to immediately establish her legacy so she can enjoy it while still living. The plan, Keeler said, is for the foundation to award its first scholarship this year. "I told her if you start gifting money now, you get to see the fruits of your labor," Keeler said. "People don't have to wait until they're gone to do this." Part of appropriately directing assets involves naming beneficiaries on financial accounts such as 401(k) plans and life insurance policies. Be aware that those accounts do not pass through the will. For instance, if you named your ex-husband as the beneficiary on your 401(k) plan and never updated that information, he will get that money even if your will names your new spouse as your only heir. An even trickier task than asset considerations can be choosing someone to have medical power of attorney. That designation lets the chosen person make important health-care decisions if you cannot. Get this delivered to your inbox, and more info about about our products and service. Privacy Policy. Married couples typically name each other as their health-care proxy. But after the death of one party to the marriage, the living spouse with no children faces the challenge of naming someone else. Same goes for childless singles who have never married. "They might feel like they are putting someone in a really difficult position," said Justin Halverson, co-founder of Great Waters Financial. "Or they don't know who they would trust to make such an intimate decision" when it comes to medical-care choices, he said. Another helpful tool is a living will, which states your wishes if you are on life support or suffer from a terminal condition. This helps guide your proxy's decision-making. In addition to a health-care power of attorney, it's important to give someone durable power of attorney to act as your agent if you become unable to tend to your finances. Advisors say many clients name different people to handle each health-care and financial decision. Additionally, naming an executor for your estate — regardless of its size — can be challenging. "Doing something is better than doing nothing. Don't let the fact that you don't know the perfect way ... make you do nothing at all." -Justin Halverson, co-founder of Great Waters Financial Sometimes called a personal representative, the executor is the person legally charged with handling your estate. Duties can range from filing a will with the court to selling your house, paying your debts and distributing assets as directed. That individual will be asked to take on the responsibility no matter what else is going on in his or her life. This should be someone you not only trust, but a person with the capacity to handle the responsibility. Halverson said that if you struggle with naming someone, it's worth talking to your bank's trust division to explore naming the bank as executor or setting up a trust. Be aware that while family members or friends typically serve as executor for free, banks will charge a fee. The good news is that once you make these decisions, you don't have to think about your estate plan too often. Advisors say you should check it every three to five years unless you face a major life change. "The important thing is to document what you want to happen and review it periodically," said CFP Kevin Meehan, regional president of Wealth Enhancement Group. "Relationships with people and charities can change." Here are 10 financial terms everyone should know Özgür Donmaz | E+ | Getty Images For instance, one of Meehan's clients initially planned to leave a good chunk of her assets to nieces and nephews. But, he said, she recently changed her will. "That relationship has changed over time, and as [the nieces and nephews] are less interested in her, she's become less interested in giving her assets to them," Meehan said. While estate planning might be about as appealing as a root canal, advisors say that putting a plan in place gives you control that you otherwise won't have. "Doing something is better than doing nothing," said Halverson of Great Waters Financial. "Don't let the fact that you don't know the perfect way to do [an estate plan] make you do nothing at all." — By Sarah O'Brien, special to CNBC.com Original source: http://www.cnbc.com/2017/05/31/estate-planning-when-youve-got-no-children-or-heirs.html Original Author: Sarah O'Brien Original Date: May 31 2017

Finding an Attorney Specializing in Estate Planning

In order to create a proper estate plan you need to have an understanding of not only your investments but also your personal possessions.  It is also crucial that you are aware of and working with an attorney knowledgeable of the local laws and regulations.   The entire process can seem quite overwhelming if you don’t have the right professionals working with you to create a flawless estate plan to help ensure your estate avoids probate upon your passing.
A qualified estate planning attorney is best equipped to help you through this complex spider web of organizing your assets and creating a solid plan of action in the event of your untimely passing.  It is important to recognize that there is a difference between the types of attorneys that can help you create an estate plan verse one that can get you out of a criminal charge, divorce, or other such legal matters.
In order to create a flawless estate plan it is important that you work directly with an attorney that specializes in estate planning and a variety of issues that come along with aging such as elder law, probate law, wills and trusts, and more.  In this installment on estate planning we will share with you three tips to help you in finding and utilizing an attorney specializing in creating estate plans.

• Ask your family and friends for references to attorneys that they may have previously used to create their estate plans.  Working with an attorney in estate planning that you already have a remote connection to can generally start the process in the right direction.  The process of creating a plan for the transfer of your estate can be complex and complicated.  Working with a proven trust worthy attorney from the state can help.
• Get professional references from your financial advisor. They have inside information when it comes to working with area attorneys.  Your financial advisor is incredibly familiar with your financial assets.  They have worked in conjunction with many area attorneys and can guide you to a reputable estate planning attorney from the start. It is beneficial that your attorney and financial advisor have a working relationship as well to ease future transactions with the estate.
• Take time to spend researching the internet for not only estate planning attorney reviews but also information that is up to date on estate planning. The more you know about estate planning ahead of time the more prepared you will be.  Finding a local estate planning attorney is in your best interest as they will know the ins and outs of the estate regulations in your area.  The internet is a great source to get additional information to help make an educated decision.

As you start looking for an estate planning attorney remember to check for solid references from family, friends and trusted professionals.  To follow up recommendations and to gain more understanding of the process head to the internet for additional research.
Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at www.seanjnichols.com.  To contact the offices of Sean J Nichols call 734.386.0224 today.

Mistakes to Avoid in Estate Planning

When creating an estate plan it is important to ensure that you are incorporating all the features in the correct way.  This is the main reason that you always hire a professional estate planning attorney to assist.  There are several common mistakes that can be made when preparing an estate plan.  In this installment on estate planning we will discuss the most common mistakes in estate planning to help you avoid making them.
The number one mistake that is made when drawing up an estate plan is not appointing a guardian for your children.  You must appoint a clear cut guardian for your children, in writing, to avoid problems at a later date.  Children under eighteen years of age need to be cared for by a guardian.  When you take the time to talk with individuals in your life about this responsibility and make it official by stating your desired wishes in your estate plan it will be easier to ensure the children will be properly cared for until they are eighteen.  Otherwise, like everything else, guardianship of your children will be determined in probate by the court.
Another common mistake in estate planning is to think that once you have a plan in place that it will forever be current and doesn’t need updating.  Your estate plan must be updated regularly when changes occur.  The birth of a child, grandchild, purchase of estate, and new investments are all changes that will require your estate plan to need updating.  It is in your best interest to get in the routine of updating your estate plan every three years if not more often.  If a fall out occurs within the family but your estate plan was already erected the individuals still have legal rights to your estate.  It is crucial to keep your estate plan up to date and file with an attorney specializing in estate plans and probate law.
Another common issue that is overlooked is inheritance tax.  When you are giving something to someone it is crucial that you account for the taxes that they will be incurring.  There are ways to minimize tax liability to the recipient.  If there a large state of liability, you have to be sure that you are dividing up the tax liability among different individuals.  Doing so makes it easier to account for tax liability and do your best to minimize it.
Proper estate planning should be done in conjunction with an attorney specializing in probate law and estate planning to avoid future issues involved.  An estate plan should ensure that this transition in your life is predictable and non problematic for your heir’s.
Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at www.seanjnichols.com.  To contact the offices of Sean J Nichols call 734.386.0224 today.

Using Probate Law and the Steps To Follow

Estate planning is the process of anticipating and arranging, during a person's life, for the management and disposal of that person's estate during the person's life and at and after death, while minimizing gift, estate, generation skipping transfer, and income tax.
Believe it or not, you have an estate. In fact, nearly everyone does. Your estate is comprised of everything you own - your car, home, other real estate, checking and savings accounts, investments, life insurance, furniture, personal possessions. No matter how large or how modest, everyone has an estate and something in common - you can’t take it with you when you die but still you need estate planning and probate law.
An estate planning attorney helps and guides you in choosing the correct options for maintaining your estate after death or in case of incapacity. An experienced attorney seeks to fully understand your desires and goals regarding the maintenance of your estate and other property and suggests ways to achieve those wishes. Estate planning lawyers help people write instructions for the future handling of their property, finances, healthcare, and the future support and care of their loved ones.
When it comes to providing for your family’s financial future, estate planning/ Probate law is the most important step you can take to ensure your assets and their legal rights are protected.  Having a proper estate plan in place guarantees your assets will be properly divided and won’t fall into the hands of the court.
Probate law is the legal process whereby a will is proved in a court and accepted as a valid public document that is the true last testament of the deceased
The very first step in the granting of a probate is the legal process of properly overseeing the estate of a deceased person. It involves resolving all the claims and then distributing the property under the will of the property holder. But there is another scenario and that is if the person who passed away had any partnership or there was a co-owner of the business or property then there is no need for probate laws as the property will automatically and legally be owned by the co-owner for example if the deceased person owned bank accounts or property jointly with another person, the co-owner will now be the complete owner of these accounts.
When is probate law needed?
Probate may be needed in the following cases:

• For transferring the title to the decedent’s assets (assets like bank accounts, real property, stock etc.)
• For collecting debts owed to the deceased
• For settling a dispute among all the people claiming to be the owners of the deceased’s property
• Solving disputes about the validity of the deceased’s will

So one should definitely go for estate planning/Probate law services which are particularly focused on providing advice and direction on techniques and approaches for avoiding probate and related expenses, and the care of individuals who cannot care for themselves, whatever their age.
The Law Office of Sean J. Nichols is dedicated to assisting clients throughout legal issues that come with aging including: elder law, estate planning, probate law and more.  Check out the Law Office of Sean J. Nichols at http://www.seanjnichols.com to contact an estate attorney today.

Key Reasons Why To Have an Estate Plan

Estate planning is the act of securing your assets before you die. Obviously you cannot take anything along with you after your death but what you can do is make sure your property falls into the right and true deserving hands instead of falling under the court.
You don’t have to be very rich for estate planning/ Probate law, don’t think that you will need a lot of assets and a lot of property for that. Believe it or not everyone has assets thought it is a car, a house, electronic devices, clothes that you wear and even a person himself is an asset. Without a plan in place, there could be a lifelong impact on your adored ones, even if you don’t have an expensive home, large investment account or valuable art to pass on. So what is needed is a proper estate planning and probate law.
The drive of estate planning is to formulate the transfer of your assets to your loved and dear ones upon your death. Estate planning allows you to specify where and in which hands each of your assets will go after you are dead. This involves determining who the receivers will be, what each will get, and how to complete those transfers with the minimum tax penalties, while making sure that the estate has enough liquidity to meet its commitments.
For estate planning and probate law you will have to have an estate planning attorney who has knowledge and experience to council you and your family on asset preservation plans which are appropriate for your circumstances and who can also guide you about trusts, will, powers of attorneys, and living wills.
An estate plan includes more than wills and trusts, it also relies on careful and professional advice that is personalized to your condition. While wills and trusts are invaluable, a inclusive estate plan should also incorporate a power of attorney and advance directive. These documents provide necessary protection in the event of an unexpected accident or illness.
A probate law is a process that is supervised by the court for the purpose of admitting the client’s will, appointing an executer and supervising the estate. The assets of the decedent’s are collected, creditors if any are paid and then the remaining assets are distributed among the descendants according to the terms of the will of the deceased. In other  words Probate is basically a process whereby a court reviews a will to make sure that it is genuine, and allows others to make legal challenges to the will.
Consider these four reasons why you should have an estate plan, in order to avoid possible shattering consequences.

• For preventing your assets from ending up in the hands of the court or unintended beneficiaries
• For protecting families with young children
• For stopping heirs from overpaying in taxes
• For eliminating family messes when you are gone and will never be with them again to sort things out for them

The Law Office of Sean J. Nichols is dedicated to assisting clients throughout legal issues that come with aging including: elder law, estate planning, probate law and more.  Check out the Law Office of Sean J. Nichols at http://www.seanjnichols.com to contact an estate attorney today.

Should Yоu Crеаtе an Eѕtаtе Plаn?

The rеаѕоnѕ for needing an еѕtаtе рlаn are as vаriеd аѕ thе individuаlѕ invоlvеd and, it ѕееmѕ, thе many myths ѕurrоunding the subject do quitе a bit of harm. Fоr еxаmрlе, dо уоu have to be "rich" in оrdеr to need аn estate рlаn? Thе answer is, "Nо", оnе dоеѕ not need tо be riсh tо nееd аn еѕtаtе рlаn. All уоu nееd iѕ thе dеѕirе tо pass оn tо уоur heirs thе greatest аmоunt оf thе wealth роѕѕiblе that you have preserved during your lifеtimе.
Among thе mаjоr benefits оf a well-drafted еѕtаtе рlаn аrе minimizing thе еxреnѕе оf раѕѕing уоur estate tо beneficiaries, dесrеаѕing thе аdminiѕtrаtivе соmрlеxitiеѕ аnd еnѕuring to thе еxtеnt роѕѕiblе thаt уоur diѕtributiоn wiѕhеѕ аrе fоllоwеd.
Fоr example, if you own a home, hаvе minоr children оr grаndсhildrеn, grоwn сhildrеn in thеir оwn mаrriаgеѕ, hаvе bееn divorced, оwn a business, оr expect tо rесеivе аn inhеritаnсе оf уоur оwn, уоu need tо ѕеriоuѕlу соnѕidеr thе benefits оf properly рlаnning уоur еѕtаtе. Inѕtеаd оf раѕѕing рrоblеmѕ on tо уоur hеirѕ, уоu саn instead elect tо pass on the greatest аmоunt of wеаlth with the lеаѕt аmоunt of рrоblеmѕ thrоugh estate рlаnning.
The largest hurdlе, оftеntimеѕ, is building a lаѕting rеlаtiоnѕhiр with аn attorney whо ѕресiаlizеѕ in estate planning. Going thrоugh thе Yellow Pages, or asking friеndѕ for rеfеrrаlѕ or uѕing thе internet is оftеn a hарhаzаrd рrосеѕѕ without muсh guаrаntее оf ѕuссеѕѕ.
Compelling Reasons tо Build аn Eѕtаtе Plаn 
Amоng thе common mоtivаtiоnѕ thаt соmреl creation оf аn estate plan аrе thе following. Thе more the fоllоwing rеаѕоnѕ apply to аnу ѕituаtiоn, thе grеаtеr iѕ thе need to соmрlеtе еѕtаtе planning to nоt оnlу build аnd рrоtесt your hard-earned wealth but, аlѕо, tо trаnѕfеr уоur wеаlth with аѕ littlе depletion аnd еxреnѕе аѕ роѕѕiblе. With a рrореr еѕtаtе рlаn in рlасе, уоu саn рlаn аhеаd to:

1. Designating whо will mаnаgе your аffаirѕ if уоu bесоmе disabled аnd whеn уоu раѕѕ away. If you fаil tо dо ѕо, a court will dесidе fоr you nоt оnlу whо rесеivеѕ уоur wealth but who will make the diѕtributiоnѕ. You never knоw who thе court will appoint. Keep control оf уоur оwn dеѕtinу!
2. Planning for Mеdiсаid аnd itѕ imрасt on уоur estate if you muѕt gо into a nursing hоmе. Nurѕing homes today саn cost as muсh аѕ $75,000 реr уеаr, оr mоrе, аnd a lоng term ѕtау саn еаѕilу imроvеriѕh аll but thе wealthiest fаmiliеѕ. With рrореr рlаnning, hоwеvеr, уоu can shelter аѕѕеtѕ аnd kеер уоur fаmilу'ѕ wеаlth intact. Bесаuѕе there iѕ a 50-50 сhаnсе thаt thе аvеrаgе adult will spend at least one уеаr in a long term care fасilitу, it bесоmеѕ painfully clear thiѕ tуре of рlаnning iѕ extremely imроrtаnt.
3. Avоiding рrоbаtе, during уоur lifetime and whеn уоu раѕѕ аwау. Dо you wаnt thе соurt соntrоlling уоu or your аѕѕеtѕ? Probate рrосееdingѕ аrе рubliс, еxреnѕivе, аnd timе-соnѕuming аnd should bе avoided whеnеvеr роѕѕiblе. Leave уоur mоnеу to your hеirѕ quickly, рrivаtеlу аnd еffiсiеntlу by еѕtаbliѕhing a рrореr еѕtаtе рlаn.
4. Prоtесting сhildrеn frоm a рriоr marriage if уоu раѕѕ away first. Sесоnd mаrriаgе рlаnning саn bе complex аnd tricky. Expert legal guidаnсе iѕ nееdеd tо еnѕurе уоur assets аrе рrеѕеrvеd and your сhildrеn оf уоur first mаrriаgе will rесеivе thе рrореr ѕhаrе of thеir inhеritаnсе.
5. Prоtесting assets inhеritеd bу your hеirѕ frоm lаwѕuitѕ, divоrсеѕ аnd оthеr claims. Mаkе ѕurе уоur аѕѕеtѕ are inhеritеd bу уоur loved оnеѕ, nоt thе реорlе уоu dоn't wаnt tо rесеivе thеm, such аѕ their еx-ѕроuѕеѕ, in-lаwѕ, сrеditоrѕ or thе IRS.
6. Imроѕing diѕсiрlinе uроn сhildrеn оr grаndсhildrеn whо mау not be capable or еxреriеnсеd in mаnаging wеаlth. Mаkе sure your children оr grandchildren ѕреnd their inhеritаnсе wiѕеlу аnd рrоtесt thеir inhеritаnсе аgаinѕt inеxреriеnсе and mismanagement by including specific соnditiоnѕ аnd rеwаrdѕ in уоur estate рlаn.

If уоur wealth оr diѕроѕitiоn dеѕirеѕ fаll intо any оnе оf thе аbоvе grоuрѕ, you ѕhоuld соntасt аn еѕtаtе рlаnning attorney in your аrеа. Many times, wаiting tо make a decision аbоut distributing уоur wеаlth or dесiding whо can mаkе decisions for уоu in саѕе оf dеаth or inсарасitу will rеѕult in уоur dreams fоr уоur children and grаndсhildrеn, оr уоur favorite сhаritу, nеvеr, еvеr, bеing rеаlizеd. Thuѕ, tаrrуing in creating аn еѕtаtе рlаn can саuѕе extreme соnfuѕiоn, turmоil and еxреnѕе fоr your heirs that can еаѕilу bе avoided bу соntасting a highlу ԛuаlifiеd, trained аnd tеѕtеd еѕtаtе planning ѕресiаliѕt in your locale.
The Law Office of Sean J. Nichols is dedicated to assisting clients throughout legal issues that come with aging including: elder law, estate planning, probate law and more.  Check out the Law Office of Sean J. Nichols at http://www.seanjnichols.com to contact an estate attorney today.

Plan For Your Life & Death With Estate Planning

Estate planning is the process of anticipating and arranging, during a person's life, for the management and disposal of that person's estate.  This is put in place to provide during the person's life and at death for their loved ones.  This is done in order to minimize gift, estate, generation skipping transfer, and income tax.
Believe it or not, you have an estate. In fact, nearly everyone does. Your estate is comprised of everything you own including your car, home, other real estate, checking and savings accounts, investments, life insurance, furniture, personal possessions. No matter how large or how modest, everyone has an estate and something in common in that you can’t take it with you when you die.
An estate planning attorney is a type of lawyer who advises clients on getting their affairs in order to prepare for the possibility of becoming unable to care for themselves or death.  An estate planning attorney helps and guides you in choosing the correct options for maintaining your estate after death or in case of incapacity. An experienced attorney seeks to fully understand your desires and goals regarding the maintenance of your estate and other property and suggests ways to achieve those wishes. Estate planning lawyers help people write instructions for the future handling of their property, finances, healthcare, and the future support and care of their loved ones.
How to choose a perfect estate planning attorney:
Estate planning is one of the most important steps a person can take to make sure that their final property and health care wishes are honored. While choosing an estate planning attorney you may consider the following things:

• Comfort level: Make sure that you are comfortable telling your lawyer about everything. Ask yourself if you are totally comfortable and does the lawyer you are going to hire seem interested in listening and solving our problems at all.
• Credentials: Before hiring an estate planning attorney check his records and how long has he been in service and also check if he has worked on similar cases to yours.
• Cost: Check how the lawyer’s fees are structured whether they are structured hourly or flat fee. Ask your estate planning attorney if he can estimate the cost of your case for you to get an idea of how much the whole thing is going to cost you.
• Location: Always make sure to check for your lawyer’s location. The lawyer’s office should always be located at a convenient distance.

An experienced estate planning attorney can help minimize the amount estate surrendered to taxes, as well as to ensure that the management and distribution of the estate is carried out according to plan. Particularly when your plans are complex and you have substantial property or assets, it is important to have an attorney who can ensure that your plan functions the way you intend. Depending on the complexity of your individual situation, your estate planning team may include attorneys, financial planners, bankers and insurance professionals.
The Law Office of Sean J. Nichols is dedicated to assisting clients throughout legal issues that come with aging including: elder law, estate planning, probate law and more.  Check out the Law Office of Sean J. Nichols at http://www.seanjnichols.com to contact an estate attorney today.

Take Time To Create An Estate Plan Today

Many individuals do not grasp how important it is to have an estate plan in place.  By taking the time and effort that is needed now to plan for your estate you inevitably save your family and friends a lot of trouble after you are gone.  In reality, after your passing, the last thing that you want to do is to leave chaos for your family to deal with while they are busy grieving. 

By working with an estate planning attorney you are able to do all of the following things to prepare your estate.

Immediately provide for your family: It is important for the remaining spouse to have money to survive when their loved one has passed.  Many times couples that have children will plan for their estate to cover their future education while continuing to provide for their upbringing. 

It is also important for parents to name guardians in their estate in the unlikely situation both parents were to die at the same time.  Without this in place, the court will be in charge of determining where your kids will live and who will be allowed to make decisions on behalf of their money, education and way of life.

Distribute property quickly: When creating an estate plan with an attorney you will have options regarding any insurance payouts.  With an estate plan the insurance can be paid directly to beneficiaries, joint tenancy and living trusts.  An estate plan allows you to take advantage of laws that allow for partial payments to beneficiaries while the will is still in probate.

Create an incapacity plan: An estate planning attorney will assist you in creating a living will and durable health-care power of attorney. This allows for the individual to make decisions on your behalf if you should become mentally or physically unable to for yourself.  This person will make decisions about life support as well as decisions regarding your medical treatment. 

Lessen probate expenses: A solid estate plan can save your heirs a significant amount of money on court expenses. Getting all of your ducks in a row allows you to save on the cost of transferring property and allows more money to go to your beneficiaries.

Lessen the burden on your family: Your family will be grieving your loss while planning for your life’s celebration.  The last thing that they need to have is stress regarding the transfer of your estate.  By having an estate plan in place you are taking care of the details prior to your death.  This allows them to be able to grieve and process your passing. 

No one wants to plan for their passing; it is an uncomfortable reality to face in life.  However, by having a plan in place you are basically showing your family just how much you cared.  An estate plan lessens the burden of distributing your assets.

The Law Office of Sean J. Nichols is dedicated to assisting clients throughout legal issues that come with aging including: elder law, estate planning, probate law and more.  Check out the Law Office of Sean J. Nichols at http://www.seanjnichols.com to contact an estate attorney today.

Simple Steps To Encourage Estate Planning

Today is a great day to stop procrastinating and to start thinking in terms of future plans for your estate.  Tomorrow is not a guarantee thus making an estate planning necessary sooner than later.   Without a plan in place your estate is left to be decided in probate.  In this article we will give you some simple steps to encourage you to start planning your estate today.

• Give yourself a time limit: If you don’t have a deadline in place there will always be an excuse on why today isn’t that day.  Plan to have your estate plan done by your next birthday, anniversary or large family gathering.
• Research: It is important to hire an attorney to help in your estate planning process. This does not mean that you shouldn’t look into different aspects of estate planning prior to meeting with them.  Many attorneys’ also offer free seminars.  This allows you as a consumer to become educated on aspects of estate planning while meeting with local attorneys.
• Get your financial house in order: This is a step that can be done even before you meet with an estate planning attorney.  Create a spreadsheet with all of your current assets, their current market values, debts and resulting net value.  Put important papers such as account statements in a folder to take with you when you meet with the attorney.  All assets should be accounted for along with debts. 
• Create a list of individuals you want to gift to: Create a list of individuals with whom you would like to inherit a piece of your estate.  In your estate plan you will need to include their full name, date of birth, address and relation.  In this list include charities, educational or religious organizations.    You are then able to control how and when you want the inheritance to be received.  Some people choose to dole out their estate all at once while others choose a systematic approach to gift funds on a schedule. 
• Consider an executor: This person needs to be someone you trust who will abide by your wishes.  If you have children who are under the age of eighteen you will want to choose a guardian.  The executor will work with the chosen guardian until they have reached the age in which you wish them to have control over their own inheritance.
• Healthcare advocate: When you are making an estate plan another crucial aspect is to assign a healthcare advocate.  This individual will be in charge of your healthcare decisions should you become unable to make them for yourself.  This person should know your desires regarding assisted living.  Clearly state your desires to this individual in order to avoid confusion during an already stressful moment in time. 
• Meet with a local attorney specializing in estate planning: This is a vital step in estate planning.  A lawyer that specializes in estate plans can correctly draft the documents to read as you desire.  With their assistance, your desires will clearly be stated and loved ones will not be able to questions your intentions.  An estate planning attorney creates documents to allow your estate plan to work as you wish.

The Law Office of Sean J. Nichols is dedicated to assisting clients throughout legal issues that come with aging including: elder law, estate planning, probate law and more.  Check out the Law Office of Sean J. Nichols at http://www.seanjnichols.com to contact an estate attorney today.

When Your Personnel Situation Changes Make Sure To Update Your Estate Plan

Everyone knows that it is important to have a solid estate plan in place. What many people forget it that this process doesn’t end just because an attorney designs an estate plan for you. That is just the beginning.  An estate plan must be updated regularly to reflect your current lifestyle.  Anytime there is a change in your financial or personnel situation you should work with your attorney to update your estate plan.

• Divorce/Separation: Once you become legally separated or divorced it is crucial to update your estate plan to reflect your new goals and ideals.  It is also a time to reflect on the future.  Take into account that an influx of relationships end in divorce.  This is a great time to input provisions in your estate plan to protect your heirs against potential changes in their own marriages.
• Re-Marriage: There are many complex situations involved when couples remarry.  This is especially true when both partners have children from previous relationships.  An estate planning attorney can help navigate the complexities of providing for a blended family. 
• Birth/Adoption of Children: Your estate plan should have in place provisions for your children’s future financially.  An estate plan should also provide a detailed plan for the children’s care should you and your spouse die or become incapacitated.  A guardian should be appointed to support your children into adulthood. 
• Illness/Injury: Your estate plan needs to be kept updated for when you or a family member becomes seriously ill.  The needs for your care or their care have changed and this change should be reflected in an updated estate plan.  It is also important to include a plan and appoint a power or attorney of health care for your own needs.  You will want someone to be in charge of your decisions if you become unable to do so yourself.
• Tax Law Changes:  With constant changes to the economy that affect certain tax laws it is crucial that your estate plan reflects these changes appropriately. The updates to tax laws can dramatically affect your estate.  An attorney specializing in estate planning will help you make changes in your plan that coincides with the new legislation that is in place.
• Inheritance: With an increase to the value of your estate comes a need to change how your assets are passed to those you love when are deceased.

It is important to keep your estate plan up to date on a regular basis.  Review your plan with your estate attorney to ensure it is always up to date and in line with the manner in which you intend to distribute your assets when your death occurs.

The Law Office of Sean J. Nichols is dedicated to assisting clients throughout legal issues that come with aging including: elder law, estate planning, probate law and more.  Check out the Law Office of Sean J. Nichols at http://www.seanjnichols.com to contact an estate attorney today.