Category Archives: Estate Planning

Estate Planning

The Initial Meeting with your Estate Planning Lawyer

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Business handshakeYour estate plan is a personal matter that should be discussed with and drafted by a lawyer you trust. While it can be helpful to obtain referrals from family members and friends, it is important to understand that the right attorney for them may not be the best fit for you. Many people also find lawyers by contacting their local bar association for a list of local, qualified estate planning lawyers. Don’t get pressured into using a professional that you are not comfortable with using. However you locate your attorney, it is essential to prepare for your initial consultation with him or her.

Before you first meeting with a lawyer, you should make a list of questions you want to ask so you don’t forget to get the answers you need. It is helpful if your documents and records are organized. You should also consider what your goals are for your estate plan. This will assist your attorney with making recommendations for the type of plan you should create.

A few pieces of information that will be helpful for your attorney to have include:

  • A list of your beneficiaries, including anyone you want to specifically exclude from your estate plan
  • Individuals who you want to appoint to serve as the trustee or personal representative of your estate
  • An accounting of your most significant assets, including bank accounts, real estate, investment accounts, IRA or 401(k), life insurance, or other valuable items. It is also helpful if you know how assets are titled, i.e., joint tenants, individual names, etc.
  • If you have minor children, you should consider who you want to appoint as their guardian
  • If there are any special circumstances about your family or your estate that may impact the way your estate planning is handled (such as a special needs family member), be sure to discuss this with your lawyer

Taking the time to prepare for your initial consultation with your estate planning attorney will help expedite the process, which in turn saves you money. It is important that you remain active in the estate planning procedure and don’t rely on the lawyer to simply “handle things” for you. This is not your attorney’s legacy, so you want to ensure it is done the way you want! Your attorney should be a good listener, so that he makes sure he understands your needs, and then tailors your documents to fit those needs.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Estate Planning

When Should I Update my Estate Plan?

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If you have created an estate plan, you have taken a very important step in protecting your family. However, it is important to understand that you cannot simply file your estate plan away and forget it. This can result in unintended and costly consequences. Not only does your life change, but so do the tax laws. You put a lot of time and effort into creating your estate plan, so it is essential to review it regularly and ensure that it still reflects your wishes and that you will obtain the maximum benefit from it.

25765577_sWhen your estate plan was drafted, your attorney considered a variety of factors such as estate tax, gift tax, income tax and other rules governing the distribution of your estate. The tax laws are always changing and your finances have likely changed too. Having your estate plan reviewed can verify that your financial goals are still being accomplished in the most effective way.

So, when should you have your estate plan reviewed? In most situations, having an estate planning attorney look over your estate plan every few years is sufficient. However, if you have experienced a major life event or had a substantial change in your finances, you should update your plan. This includes events such as marriage, divorce, birth of a child, adoption, death of a spouse or other similar events that could impact the distribution of your estate.

Is it expensive to have my estate plan updated? Usually, a simple review of your estate plan is not expensive. However, the longer you wait in between reviews the more updates that are likely to be needed. In order to keep the cost low, many attorneys suggest having your estate plan reviewed each year. In all events you should review it annually to make sure that the guardians, trustees and personal representatives are kept updated.

Whether you need to draft the initial documents to create an estate plan or you have an existing plan that needs to be updated, let us help. The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.