Will-Centered Planning

When discussing the administration of one’s estate after death, it’s absolutely critical to have an understanding of the probate process. Often times, we have a client come to us and explain that he or she has a will and there won’t be probate. This is a grave falsehood: probate is simply the administration of a deceased individual’s (decedent) estate after his or her passing. A decedent’s estate is either testate (insomuch as he or she had a will) or intestate (he or she did not have a Will).

We delve more into Probate on these pages (North Carolina, South Carolina, Florida) to give you a better understanding of the process, but it’s important to grasp that if you have done minimal estate planning that centers upon a Last Will & Testament, your family may have to go through the probate process to gain access to an inheritance.

A Will-Centered Estate Plan is a bare-minimum necessity if you have minor or incompetent adult children because your Will can address guardianship provisions for your minor or incompetent adult child. These guardianship provisions can provide the Court guidance as to who you believe would best be suited to have custody and control of your children in the event of your untimely passing.

Our Will-Centered Estate Plan includes the following documents:

• Last Will & Testament;
• Personal Property Memorandum;
• Durable Financial Power of Attorney (Springing Provisions optional);
• Health Care Power of Attorney;
• HIPAA Authorization
• Living Will/Advance Directive for Desire of Natural Death.