Last Will and Testament
- A WILL is a written document, executed according to the laws of your State. A WILL contains instructions for the distribution of your assets following death.
- A WILL also contains the name of the person chosen to administer your estate, and perhaps an alternate or co-administrator.
- A WILL, if you have minor children, may contain the name of your choice for guardian of you minor children in the event of your unexpected death.
- A WILL MUST GO THROUGH A COURT PROCESS KNOWN AS PROBATE.
- A LIVING TRUST is a legal document that resembles a WILL. In contains instructions for the management of assets should you become disabled and directions for the distribution of assets upon death.
- A LIVING TRUST keeps you in total control of all assets. A LIVING TRUST can be changed or revoked at any time.
- A LIVING TRUST Can avoid probate.
- A LIVING TRUST Can avoid guardianship by providing for the management of assets should you become incapacitated or incompetent.
- A LIVING TRUST Can provide for asset administration when property is owned in more than one state and thereby avoid multiple probate proceedings.
- A LIVING TRUST Can provide for a fair distribution of assets when husband and wife are married later in life, each having separate assets and families.
- A LIVING TRUST Can provide income for a handicapped loved one.
- A LIVING TRUST Can prevent a child from wasting his or her inheritance.
- AN A-B TRUST Can double the estate tax exemption.
Durable Power of Attorney with Health Care Surrogate & Pre-Need Guardian Provisions
- A DURABLE POWER OF ATTORNEY appoints a person to handle your financial affairs for you in the event that you become mentally or physically unable to manage your own affairs.
- A DURABLE POWER OF ATTORNEY appoints a person to make medical decisions for you in the event that you are unable to make those decisions for yourself.
- A DURABLE POWER OF ATTORNEY provides that the power of attorney retains its full force and effect even though you later become incapacitated and unable to act.
- A DURABLE POWER OF ATTORNEY, if created properly can avoid guardianship
- A DURABLE POWER OF ATTORNEY can be created, but not given to the person chosen, until needed in the future.
- A DURABLE POWER OF ATTORNEY is a very powerful document. Choose your Agent/Attorney-in-Fact carefully.
- A DURABLE POWER OF ATTORNEY ends at your death.
Living Will (Declaration)
- A LIVING WILL is a declaration that states when you are terminally ill, with no expectation of recovery and death is imminent, then life-prolonging procedures may be withheld or withdrawn.
For the past 25 years, Attorney Michael D. Millhorn has focused his practice on estate planning, advising his clients on wills, trusts, estate planning, estate and trust administration and probate administration.View Attorney Profile