Better Now than Never! Probate, or not?

Don't put it off. Too many people put off planning for those they care about and for what these people will do in case they die. I have seen people die at all ages. Not literally, as if before my eyes, but people who appeared relatively healthy and then encounter an event in life that puts into operation the probate and estate laws, whether disability or death. Planning for a sound future for those you care about has to involve planning your own property affairs wisely. Thus, insurance policies and special wishes with respect to items of property or amounts of money that you own now need to be properly titled or planned before the inevitable comes up. If you are ever deemed in any way mentally disabled, you may find you are no longer then in legal possession of the power to plan who should manage your money and property, and what amounts should go to whom.  Forms such as "payable on death" forms may be useful if these are part of your overall planning. Thus, if you are sure that all the different people or organizations and causes that you want to help in case of your death are and remain equally provided for -- if that is the desire -- and that one or another of these accounts is not depleted meanwhile, filling out certain simple forms at the bank or with your stock broker or mutual funds will be one step in the process of planning wisely. Making sure vehicles are in someone's name besides your own, or owned by your Living Trust so that the Living Trust can quickly direct who should acquire it in case of your death or disability, is another way to plan.

Even if your estate is not yet large enough to have to pay estate taxes, you should still do some serious estate planning if you have a significant size estate. If you have an estate amounting to somewhere near or in excess of one million dollars worth, or if any of the people under your care are minors or have special needs or disabilities, you should put out the extra money to consult with an estate planning lawyer about wills, living trusts, special needs trusts, and overall planning of your estate. None of the money will come under the control of the lawyer just because you consult, but for a fee of $500.00 and up, you can get a few hours of advice, some forms such as will and revocable living trust, and whatever other documents you need, with "full service" ending up in the $2,000.00 + area. First meetings or "consultations" are usually free, also limited in time based on the fact they are free, but are a good chance to see if the individual lawyer is the right person for your estate planning and a person you respect and can feel comfortable with as an estate planner, and as the potential person to whom others might come in case you should become severely disabled or die and they need help with carrying out the trust terms or the provisions of the will.

Even if the fees exceed the $2,000.00 + "full service" mark, if your estate has a financial value in excess of one million dollars, the legal fees are not anywhere near 1/2 of 1% of the financial value of your estate.  Your estate may be large enough to consider tax-free "gifting" or charitable trusts, or a "generation-skipping trust" for grandchildren. Further, if what you need is a special needs trust or a spendthrift trust for someone you care for who is severely disabled or who has spending problems, but no living trust, the cost will end up more near the $1,000.00 area than the $2,000.00 + area. Finally, if you are relatively asset-less but want to make sure you have a will so that minors will be cared for by the people you think would be best, or that minor odds and ends and miscellaneous property here and there will pass on the way you want it to pass on, but no trusts and estate value relatively small, you are looking at more like $500.00 for a "simple will" rather than the $1,000.00 mark or the $2,000.00 + "full service" mark.

Either way, keep good records now, and have these available in case you decide to finally consult an attorney for a will or more comprehensive estate planning documents and time. The more you come in with, the less the law office will have to order, saving you a certain amount of time and therefore money. However, some people do not really want to spend a lot of their own time on things like this, and prefer the trade-off of paying for the lawyer to obtain such papers as beneficiary forms, change of beneficiary forms, etc., for the bank accounts, stock brokerage accounts, mutual funds, retirement accounts, and so forth. Then, at all times, both before and after seeing a lawyer for estate planning time and documents, keep your papers in a safe place where they will be readily accessible in case of death or severe disability.

I hope I've convinced you to see the estate planning legal specialist in your area. None of the above, or anything else in this website, is to be construed as legal advice or relied upon without consultation with a qualified legal professional, who can best advise you and plan for your specific situation.

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