Wills & Estate Planning
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- Wills & Estate Planning
- Estate Planning Last Will & Testament
- Living Wills
- Power of Attorney
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1 Last Will and Testament
A will is a legal declaration where a person, the testator, names one or more people to manage his or her estate and provides for the transfer of his or her property at death.
This document is a will and testament that provides for the distribution of a home, specific personal gifts, specific monetary gifts and residue of estate. This will also provides for instructions regarding disposition of the body upon death.
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2 Codicil (Modification to Will)
From time to time, circumstances may require a change in your will. In order to update your will, you don't need to rewrite the entire thing. All you need to do is create a codicil (modification to the will) and specify what part of the will you would like changed. Reference the location and the specific language you will be affecting. Be as clear and precise as possible to avoid undue complications. This form is not a substitute for legal advice. When making a codicil, it is highly recommended to seek the advice of a qualified estate planning attorney to avoid complications and assure that your codicil states your modified wishes.
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3 Codicil to Will (To Add Spouse)
When you get married, it is important to update your will to include your new spouse, so that your new spouse is included, and to avoid unnecessary probate expenses. In order to update your will, you don't need to rewrite the entire thing. All you need to do is create a codicil (modification to the will) and specify what part of the will you would like changed so that your new spouse is included. Reference the location and the specific language you will be affecting. Be as clear and precise as possible to avoid undue complications. This form is not a substitute for legal advice. When making a codicil, it is highly recommended to seek the advice of a qualified estate planning attorney to avoid complications and assure that your codicil states your modified wishes.
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4 Codicil to Will (To Add Child/ren)
When you have a new child, it is important to update your will to include your new child, so that he or she is included, and to avoid unnecessary probate expenses. In order to update your will, you don't need to rewrite the entire thing. All you need to do is create a codicil (modification to the will) and specify what part of the will you would like changed so that your new child is included. Reference the location and the specific language you will be affecting. Be as clear and precise as possible to avoid undue complications. This form is not a substitute for legal advice. When making a codicil, it is highly recommended to seek the advice of a qualified estate planning attorney to avoid complications and assure that your codicil states your modified wishes.
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5 Transfer Under Uniform Gift to Minor Act
Under the Uniform Gift to Minors Act (UGMA) or the Uniform Transfer to Minors Act (UTMA), depending on which law applies in your state, an account can be established for a child. The purpose of the account is to permit someone to make gifts or transfers of property to a minor without setting up a trust. The transfers made to this type of an account are considered an irrevocable transfer to the minor in whose name the account is registered. Use this document to transfer gifts or property to a minor through a UGMA or UTMA account. Once you complete all three parts, you will have a Children's Trust that you can print. After you print the Children's Trust, you will need to have it signed by two witnesses and notorized before taking it to your attorney.
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6 Revocation of Living Will and/or Power of Attorney
Upon the appropriate action of a declarant (person writing a will) a living will can be canceled or revoked. A living will can be revoked at any time without regard to the mental or physical condition of the declarant. The meaning of the revocation is that the will is no longer effective or legally enforceable. A revocation is effective when it's communicated to the attending physician or other health care provider by the declarant or anyone that witnesses the revocation.
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7 Living Will
A Living Will is a very important legal document that allows you to state your wishes and desires regarding health care treatment before you are unable to do so on your own. It allows you to give instructions as to what types of life-sustaining treatment you would like to receive upon your incapacity.
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8 Power of Attorney for Health Care and Living Will
A Power of Attorney for Health Care Living Will is a very important legal document that allows you to designate a person (an agent) to make health care decisions on your behalf upon your incapacity as you specify within the document. It allows you to give instructions as to whether you would like to receive life sustaining treatment upon your incapacity. Your incapacity is determined by two (2) physicians stating in writing that you are unable to make health care decisions on your own.
A Power of Attorney for Health Care Living Will differs from a basic Living Will in that it allows a person to name an agent to make decisions on his or her behalf wherein a basic Living Will merely allows a person to state their wishes and desires regarding health care decisions.
Additionally, this document contains a Health Insurance Portability and Accountability Act of 1996 (HIPAA) waiver. The HIPAA waiver states that the specific people you name can communicate with medical personnel about your condition.
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9 Power of Attorney (limited/specific)
A power of attorney authorizes another person to act on your behalf in legal, medical or business matters. Use this document to authorize someone to act on your behalf in matters which you are given the opportunity to specify.
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10 General Power of Attorney
A power of attorney authorizes another person to act on your behalf in legal or business matters. Use this document to give authorization to another to act on your behalf. This document is meant to give broad power to the authorized person. The authority given is to manage and conduct all affairs and to exercise all legal rights and powers, including all rights and powers that may be acquired in the future. If you desire to give more specific powers, the Power of Attorney (limited/specific) is most likely the more appropriate document.
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