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Having the right estate plan in place can give you the peace of mind you deserve as you think about the future. Attorney Aaron Miller’s goal is to take a load off your shoulders by creating an estate plan that is tailored to your unique situation.
Your estate plan is, at its core, a set of documents that describe your wishes for the disposition of assets after you pass away. In other words, it defines in clear legal language who will inherit money, real estate, valuables, and other items of worth; and how much each recipient—whether a family member, friend, charity, university, or other entity—should receive.
If you should unexpectedly pass away before you have the chance to make an estate plan, the rules of inheritance follow Texas state laws, which might not be ideal for your family's needs. The legal delays and expenses can result in an additional burden on your surviving family members, and money and other assets may not go where you intended.
A will is a document that says who gets your assets after you pass away, but until you pass away and go through probate, it is just a piece of paper.
This gives someone the authority to make medical decisions for you if you cannot make them yourself.
This document grants the named person or persons the ability to access your medical information.
This document gives a trusted person the authority to act on your behalf should you become incapacitated. Depending on the scope of the power of attorney, that person could manage your bank accounts, buy and sell real estate, and generally deal with other people on your behalf.
Also known as a directive to physicians, this document makes your wishes known if you are on life support and unable to communicate.
In the event of later incapacity, this document allows you to decide who will be in charge of making sure your physical needs are taken care of and who would be in charge of your finances.
With proper planning and dependable legal guidance, there's a strategy for nearly every family situation. For some, a last will and testament, an advance directive for medical care, and powers of attorney may be enough.
For others, a revocable living trust may be more appropriate due to the additional level of control it offers, as assets in a trust don't go through the probate process. Unlike a will, trust documents aren't entered into public record, so the affairs of your estate and beneficiaries remain private.
Other types of trusts are available as well, with different benefits and trade-offs to consider for your unique needs. Though you don't need an attorney to begin a simple estate plan, working with an expert in this area of law can help you decide what's best for your current situation and future intentions, and ensure there are no mistakes that put your family’s future in jeopardy.
With these estate planning tools, you can protect your assets from creditors, nursing homes, and taxes, and you can plan for beneficiaries who will need special services or financial management.
This process allows us to review your assets and determine which are exempt and which are not exempt from creditor and nursing home claims in the event of an unexpected disability and to put measures in place to protect them.
Using trust instruments beyond the basic will can give you more control over how your assets are used while you are alive and what happens to them after you pass.
Planning for Special Needs Beneficiaries
After discussing all of the needs of your disabled or problem beneficiaries, we can then plan accordingly with certain trust documents that you will always control.
“Very helpful giving us suggestions as to what type of Estate Planning is needed. Thankful Miller Law will be available to guide my children if needed.”
“Very professional, thorough and able to tailor my plan to my needs to meet future goals.”
“…he was genuinely interested in helping us to make sure that our needs were met and that our children would be taken care of in the future.”
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