ESTATE PLANNING ESSENTIALS

Traditional Estate Planning is the process of getting "end of life" forms together.

Yes, it's hard to think about, let alone talk about. But, you have to be prepared.

It will happen to all of us. Protect yourself and your family today.

How to prepare ages 20-40:

Once you've reached these ages, you probably own a home, maybe a vehicle or two. You probably have acquired some assets, some retirement accounts, etc. This is when you want to at least start with a Last Will and Testament.

 

How to prepare ages 40-60:

If you have not prepared your Last Will and Testament, you definitely want to start that process. However, if your health is declining, it is time to start thinking about securing some other documents as well, such as your Durable and Health Care Power of Attorney Forms. Did you know these forms can only be used while you are alive? You will want these forms and your Will at the very least.

 

How to prepare ages 60 +:

This is the time to start thinking about a Trust. You can get a Trust in your 30's and above, too! But at this point, you want to start thinking about probate avoidance, and possibly nursing home protection. Trusts help your loved ones avoid the probate court process, which is long and expensive, and if you have assets in other states you have to go through that court's probate first. Also, if you end up on Medicaid in the future, you will want to protect your home from being taken from you and/or your spouse to pay for nursing home care.

 

Golden Age Care Package:

Once you've reached the point when your health is declining, it's time to consider my Golden Age Care Package. This package includes all of the items you see on the right: Will, Living Will, Durable and Health Care Power of Attorney Forms, and a Trust, either Revocable or Irrevocable. Please schedule a free consult with me to talk about which trust is best for you. This package includes everything that you need in your golden age so that you are protected, and your family can avoid probate court fees and lengthy time periods. Give them the gift of making a difficult loss as easy as possible.

 

How to prepare when it's too late:

If you have a family member, or you yourself are worried about being mentally incapacitated, please contact me for help. Mental incapacity means that you can no longer make reasonable decisions regarding your finances, health, and other important things. There are options if this happens, like a Guardianship. Let me help you before it reaches this point, but if you're already there, please call me: 740-414-5155.

Last Will & Testament:

Think of this legal document as the instructions that will go to a probate judge at your passing, instructing him or her on what to do with all of your things. Without a Will, your things will be passed down through Ohio's intestacy laws, and that can be a tedious process, and will be up to lawyers and a judge. Getting a Will is easy with me. I send you a questionnaire which you can fill out online or in person. About a week later, I draft up your Will and I bring it to you, in person. We sign and I notarize that day. I try to make it as easy for you as possible! Wills cost about as much as you spend on a week's worth of groceries, and I have deals for couples.

 

Power of Attorney Forms:

These are legal forms that will be used while you are still living. There are two different types of POA: Durable and Health Care. Durable POA is the person who will make financial decisions for you when you can't (mental incapacity) or don't want to. Health Care POA works the same way. Usually, you want to name two people: your spouse and another trusted person. Having backups is always the best plan. These forms cost less than a week's worth of groceries and I bring them to you.

 

Living Will Directive:

You also need a Living Will directive. This let's healthcare providers and your family know what your wishes are if you are to become in a vegetative state.

 

Living Revocable Trust (avoids Probate):

A trust is like a Will that avoids the probate process. When you have a Trust, we fund the trust with your home, vehicles, retirement accounts and other assets. This not only protects these assets from Probate, but it gives your family guided instructions on your wishes. This Trust costs likely about what you spend on bills each month.

 

Medicaid Asset Irrevocable Trust:

This Trust also avoids Probate. But, what this Trust really does is gets the five-year clock rolling on what is commonly known as the "look-back" period. This Trust makes it so that if you or your spouse need Medicaid in the future, they can not sell your home to pay for nursing home costs once the five years have passed. Irrevocable does not mean you can't make changes to this Trust, but it does protect your home. Contact me today for more questions on this kind of Trust. This Trust costs likely about what you spend on bills each month.

 

  
 

TM Law LLC | 740-414-5155 | Website and Graphic Design by Teshia Martin | COLUMBUS, OHIO 43068 | info@tmlawoffices.com

©2023 TM Law LLC. All Rights Reserved.