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Estate Planning Attorney

The death of a loved one is not something that anyone wants to deal with or is overly prepared for. That said, we all die eventually, 在你去世之前,为你的未来做好遗产规划和准备,是减轻你所爱的人负担的好方法.

遗产规划是一种让你对你花了一生时间建立的遗产保留一些控制权的方式, 它也有助于你的遗产容易分散和解决你的遗产后,你的死.

What Is Estate Planning?

遗产规划是指拥有或产生遗产的人对他们去世后遗产的处理进行规划的过程. This can be a will, naming beneficiaries, setting up trusts, and more.

这有助于使你的遗产不受遗嘱认证,并有助于确保如果你有一些特别的东西,你希望一个特定的人拥有, they can attain it after your death.

Estate planning can pertain to money, assets, homes, property, and even pets or animals. This is a crucial part of anyone’s life as it helps to ensure that when they pass, their estate will not be held up for six months as it goes through the probate office.

它还有助于防止家庭争夺遗产,因为每项资产都将被命名并指定给一个人或另一个人. This planning process can help you with your end-of-life wishes as well.

比方说,你得了一种使人衰弱的疾病,在你生命的尽头,你需要一份委托书. You can name your power of attorney in your estate plan and your will. You can also plan your funeral and pay for it or state that it will be paid for out of your estate.

遗产规划是一个伟大的方式,以确保你的愿望得以实现,你的家人不必为你去世后该做什么而苦苦挣扎.

Why Is Estate Planning Important?

如果你曾经处理过亲人去世后没有计划或遗嘱的遗产, you know how important estate planning can be. 遗产规划把所有的猜测都从你的死亡和你去世后你想要的东西中剔除.

Each state has a probate law or a probate period in which an estate without a will must sit. For most states, this is six months. This period gives creditors, people that feel they are entitled to some of the estates, and anyone else concerned time to be notified of the death and to come forward to make their claim.

这段时间对家庭来说可能非常困难,因为他们可能不得不继续支付以下费用:

  • The electricity bill for the home to keep the water from freezing.
  • Storage fees if there is a storage unit
  • A mortgage, if applicable.

They can also take something from the home or bank accounts once the probate period is over. Not only does this put a financial strain on the family that is left behind, but it is also an emotional strain.

Even if your grandma told you she wanted you to have her antique furniture before she passed, you could not take it until the probate period is over and the estate is settled.

遗产规划可以让你尽可能多地控制你一生中积累的东西和你努力建立的遗产.

去世时没有留下遗产计划或遗嘱会让你留下的家人更加困难, 这使得这些人很难继续他们的生活,因为他们等待解决你的遗产.

Though you may not be around anymore, with estate planning, you can make your wishes known, make your wishes legally binding, and help expedite the healing process for your family after your death.

Estate planning also helps keep families from fighting over your estate after you pass, 因为你的意愿将在一份具有法律约束力的文件中提供,他们必须遵循这份文件才能分割遗产.

If you are having trouble figuring out what to do with your estate, our lawyers at CLLB Law can help. Contact us today at 812-725-8224!

What Can an Estate Lawyer Actually Do?

First and foremost, and perhaps most often, an estate lawyer can help you draft and file your will. They can help you learn the following aspects:

  • What can you leave to people?
  • How can you divide your estate?
  • What options do you have in terms of who you leave your possessions and money to?

遗产规划律师甚至可以帮你起草一份遗嘱,对那些将在你去世后接管你遗产的人有具体的要求.

一位优秀的遗产律师将有能力帮助你创建一份合法且具有约束力的遗嘱. 留下来的人将能够遵循这一点,以帮助他们分散你的遗产的工作更容易,压力更小.

有一个合适的遗产计划可以帮助你在你去世时减轻家人的压力,让他们有时间专注于康复,而不是为如何处理你的遗产而争吵.

Another thing that an estate lawyer can do is create a legal and binding power of attorney. Your power of attorney is a very powerful thing. It can help ensure that you are going to be taken care of if you are ever medically incapacitated.

A power of attorney can help with things like arranging nursing home care, making sure your bills are paid, and making sure that your finances are in order.

A power of attorney can also help you make any legal decisions that you might have, such as helping you sell your home if you wish to, selling your property, and even paying off large debts if you are wanting to pay them.

With a power of attorney, 最好是在你身体上或认知上不能这样做之前确定你想让谁成为你的委托书. Your estate lawyer can also help with guardianship of your estate.

If you are unable to manage your estate, estate planning lawyers are going to be able to step in and take care of your estate for you. When properly drafted, an estate guardianship is going to be able to do anything you might need them to do.

你的遗产规划律师将能够做任何与你的遗产有关的合法事情,并在你去世之前和之后管理它.

Who Needs an Estate Plan?

Anyone with any type of estate, even a very small one, can benefit greatly from an estate plan being in place at the time of their death or before. We have already touched on probate, but this is the biggest thing that your family is going to have to contend with after your death.

When you pass without a will in place, 法律上要求遗产进入遗嘱认证,这段时间是由你的遗产所定义的,你住在哪里. 遗嘱认证是一段时间,在这段时间里,不能对遗产做任何事情,也不能对与已经去世的个人有关的任何账户做任何事情.

This means that if you have a bank account, a home, credit card accounts, or other lines of credit, your family can call and notify the company that you have passed and they can stop the payments, but those accounts cannot be closed until the six months has passed.

你的家人不能对你的遗产做任何事情,直到六个月过去,或者直到他们聘请遗嘱认证律师来打破遗嘱认证. 遗嘱认证律师可以帮助打破遗嘱认证,如果没有债务对遗产,它可以证明.

However, this is going to cost money and aggravation, 这很可能也会引起家庭问题,甚至可能使分割遗产变得更加困难. Anyone, no matter the size or difficulty of their estate, can benefit from estate planning.

When you pass, 你的家人必须通过许多法律障碍来解决你的遗产,并开始继续他们的生活. With the help of an estate lawyer, 你可以想象自己慢慢变老,而不用担心你的财产或家庭会发生什么.

你可以放心,你的家人和你的遗产都会得到照顾,你的家人不必为分配你的遗产而挣扎.

What Does an Attorney for Estate Planning Do After You Pass?

The first thing that an estate lawyer will do after you pass is to get in touch with your family, contact your power of attorney if you have one, and help your family traverse those first few days after your passing.

Your family is going to be able to call on them, and they will help lay out the paperwork that they have worked with you on, such as your will, your funeral arrangements if you have already made them, and any other pertinent paperwork that will help with the settling of your estate.

他们还可以代表您与他人交谈,并帮助确保遗产顺利进行,并且在没有任何麻烦的情况下,以最小的努力解决您的家庭问题. Your estate lawyer will be able to do so much for you, both while you are alive and after you have passed.

They can help your family stop worrying about what they are going to do with your estate. 这样他们就能着手解决你的财产问题,并确保他们不必独自努力解决这个问题.

Though it might seem like a trivial thing since you are gone, 确保那些你爱的人得到照顾,他们不会为了照顾你的遗产而苦苦挣扎,这会有很长的路要走.

You are going to be much more at peace, you will not have to worry, and you can make your wishes known before you pass. In addition, 有一个合适的遗产计划可以让你的家人更容易地照顾你生前辛辛苦苦建立起来的遗产, and it makes it easier for you to stop worrying at the end of your life.

Anyone can benefit from estate planning. Our estate planning attorneys are here to help you, and we want to get your estate plan in place and ready to go.

Get in Touch with a Skilled Estate Planning Lawyer Today

Whether you’re planning for your own future or the future of a loved one, please consider allowing us to help you. Contact one of our estate planning attorneys today to start finding solutions at 812-725-8224.

Attorney Steve Langdon

Licensed to practice in both Indiana and Kentucky, Steve Langdon is an experienced elder law and trial attorney. In addition to his litigation and trial work, Steve’s practice includes wills, trusts, probate, Medicaid planning, guardianship, powers of attorney, and advanced directive planning, including living wills and health care surrogate designations. [ Attorney Bio ]

Attorney Gary Banet

Gary is licensed to practice law in both Indiana and Kentucky. He concentrates his practice in estate planning, estate and trust administration, estate and trust litigation, guardianships, elder law and special-needs planning. Gary earned his J.D. from the University of Louisville, Louis D. Brandeis School of Law, and formerly practiced law at Bingham Greenebaum Doll and Wyatt, Tarrant & Combs. [ Attorney Bio ]

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