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David D. L. Horton, JD
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Estate Planning and Probate Attorneys, Trusts, Wills, Trust Administration


ESTATE PLANNING   vs   JUST HOPING FOR THE BEST

What is Estate Planning?


Estate Planning is a course of action aimed at ensuring that your wishes for your personal care and for your finances are followed in the event you are incapacitated or upon your death.


PLANNING FOR INCAPACITY:

If your physician determines that you are not able to manage your affairs, the District Court may appoint a "guardian." Though not attractive to any of us, such a development may be unavoidable. However, you can determine in advance who will serve as your court appointed guardian by nominating such person in advance. You can also minimize and even eliminiate the need for a court appointed guardian by executing certain documents:

     General Power of Attorney

     Health Care Power of Attorney

     Living Trust


PLANNING FOR DEATH

Upon your death your property ("estate") may be distributed in a number of ways. Your jointly owned accounts and real property will go to the other persons who hold title with you. Your life insurance policies will go to the beneficiaries you have designated as will your retirement accounts. If there is no designated beneficiary and/or no joint owner of your property, your estate may become part of a probate proceeding and distributed by the District Court.

You can ensure that those people or organizations that are important to you will receive your assets in accordance with your wishes in a quick, private and cost-effective manner.

A Living Trust may be your best option but you may also elect to use a Will. The trust avoids probate while the will is "admitted to probate."

There is no set of instructions and forms that is appropriate for every person as every person's situation is unique to some degree. I invite you to schedule a consultation with me. I will ascertain your situation and advise you of your various options and the costs involved and you can determine which approach, if any, is best for you.

Jacqueline M McQuigg, Esq.



For information regarding Trusts and Estates Administration, Click on "Trust Administration" button to the left.

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