One reason for estate planning is to minimize the tax consequences to your beneficiaries. But
even in small estates, some planning is important. Because the law applies the same for
everyone, it does not take into consideration the special needs of your family or your personal
concerns. If you die without leaving a will, your home, money, and other property will be
distributed according to the provisions of state law. Those provisions may not be in accord with
your wishes. In addition, you can appoint a personal representative to manage your estate, a
trustee to handle money management situations, and a guardian for your minor children. If you
do not have a will naming these individuals, the Court will step in to appoint them. Only you know
what is best for your family and you should protect them properly by having a will.
In addition, there are important reasons to consider preparing a Power of Attorney and a Living
Will. Even if you have had a will written in the past, your will should be reviewed periodically and
can be changed at any time.
Writing a will involves judgment and skill acquired through training and experience. Words in
legal documents have specific, legal meanings and the use of incorrect wording in a will may
cause your estate to be distributed differently than you intended. To prevent unfavorable and
unintended consequences, your estate plan should be drafted by a professional. The costs for
doing so are reasonable and should be discussed in advance. If you have questions about this
topic or other legal concerns, please contact me at your convenience.