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Modern Estate Planning Blog

Elder Law & Special Needs Planning

Taking a Look at Some of the Most Important Estate Planning Tools in Sacramento

April 6, 2012

When it comes to estate planning in Sacramento, there seems to be no shortage of possibilities. From specialized pet trusts to the probate process, there is so much to know. It can be a bit overwhelming, which is why it’s time to narrow it down to the most important estate planning tools you need. Keep in mind that this really should be a starting point, but if you work with your estate planning attorney in Sacramento to get these five documents in order, you will be well on your way to setting up a full plan for your estate.

The Will

Whether you have very little or a huge estate to leave behind, it is a good idea to have a will in place. This is especially true if you have minor children or specific wishes as to what should happen to your things after you pass. An estate planning lawyer can help you create a document that provides directions for how your estate should be distributed, who you would want as guardians for your minor children, and can ensure that your special provisions are outlined, as well.

Living Will

Most everyone is aware of the concept of a will, but the “living” will is not as well known. As part of an Advance Health Care Directive, this document is actually incredibly important because it lays out your express wishes when it comes to life-sustaining measures should you become seriously injured or terminally ill. Your attorney will help you set up this document so that even if you are unable to speak or communicate your wishes at the time, you will already have them clearly outlined in your living will. This also removes the burden from others who may suffer emotional distress having to make these decisions for you later.

Advance Health Care Directive (Health Care Power of Attorney)

Of course, if you become incapacitated, it is still important to have someone who can make medical decisions for you. An Advance Health Care Directive gives you the ability to name that person, rather than to have the courts appoint someone for you later. The courts will likely appoint a spouse or parent, so if this is not your first choice, then the Advance Directive is especially important.

Durable Power of Attorney

In addition to the Advance Health Care Directive, you will want to name someone who can act on your behalf for personal care and financial matters. Whether you need someone who can oversee your finances to ensure bills are being paid while you’re recuperating, hire someone to provide care for you at home, communicate with your retirement account administrator or handle any of a multitude of finance and property related issues, your lawyer will strongly recommend you have a durable power of attorney in place.

Revocable Living Trust

Perhaps the least recognized or understood item on this list is the revocable living trust. Estate planning lawyers in Sacramento consider this tool to be important enough to make it into the top five because it not only allows you to easily keep your financial affairs running, even if you are incapacitated, but also can act like a Will and set out how your estate will be distributed after your death. Properly maintained your trust will decrease the chance that your personal information will become public record and that you will be subject to the expenses and delays of the probate process.

The Peace of Mind of Being Prepared

While these 5 documents are important, the estate planning process is about so much more. To fully experience the piece of mind knowing that your family, assets and wishes will stay protected—no matter what happens, give our Fair Oaks office a call at 916.241.9661 and ask to schedule a Peace of Mind Planning Session with the mention of this article.

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Heather helped my mother get her estate in order before her passing. It was only after that we learned just what a great job Heather did. Recently, I had the opportunity to have the Chubb Law Firm help me also with my estate. I feel confident that Heather and her team helped me to consider all of the appropriate options and to make the right choices including options I DIDN'T KNOW I HAD! This is the kind of law firm one imagines when you think about getting good legal advice.

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