Tag Archives: elder law issues

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.

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.