Most people believe estate planning is one of two things: a will or a way to get around taxes. In reality an estate plan (even a simple one) is much more than that. It is your opportunity to express what you wish to have done with both your person and your property if you are sick, unavailable, or have passed away. For some individuals a deed may accomplish their goal for others extensive trust agreements may be in order. Speaking with an attorney allows you to discuss all your options.
Often people will put off planning their estate because of the amount of “legal talk” that they must endure. However when one meets with an attorney they are hiring someone to deal with the legal phrases for them. Further the attorney should be able to explain the documents in plan English. However a basic understanding of what some documents are helps people. Therefore here is a list of documents you will likely talk to the attorney about in your meeting:
Will—statement directing who will receive your property at your death and appoints a legal representative to carry out your wishes, take care of your minor children, etc. This document tells the Probate Judge what you want done with your property.
Heath Care Surrogate—allows a person you appoint to make medical decisions when you are incapacitated.
Durable Power of Attorney—allows a person you appoint -- your "attorney-in-fact" -- to act in your place for financial purposes.
HIPPA Release—Allows medical information to be released to people you list (ie friends and family).
Living Will—instructs your health care provider regarding your wishes if you are terminally ill or in a vegetative state.
Trust—a legal arrangement which one person, called a “trustee,” holds legal title to property for another person, called a “beneficiary.” The rules or instructions under which the trustee operates are set out in the trust instrument. Trusts have one set of beneficiaries during their lives and another set -- often their children -- who begin to benefit only after the first group has died or some other condition has been met. The first are often called "life beneficiaries" and the second "remaindermen."