If you want your assets to be distributed a certain way upon your death, you must set out your plan in a will or set up a trust. Failure to clarify how you want your assets distributed will result in state law dictating who gets your property upon your death. A will or a trust is not something to be taken lightly. There are formalities that must be observed for your will or trust to be valid and enforceable by a court. In addition, your will or trust must be constructed in a way that is clearly understood, as confusion over a will can lead to litigation down the road.
Wills and trusts are not the only probate documents that are important. Many people have what is known as a “living will,” which dictates to their friends and family their wishes regarding medical treatment. For example, if someone does not want to remain on life support after a traumatic brain injury, they can dictate in their living will to have life support removed. Also, many people have a power of attorney, which dictates that in the event of a medical issue that incapacitates them, a designated friend or family member can make decisions for that person and manage their property since they are incapable of doing so themselves.
All of the attorneys at Johnson Bearse, LLP have experience in drafting these documents. If you would like assistance in drafting such documents, please give us a call. We can help you regardless of the size of your estate. From large, complex trusts to simple wills of only a few pages, we can help you no matter your needs.