Wills & Trusts

Estate planning is a crucial aspect of preparing for the future, ensuring that your property and assets are transferred smoothly to your loved ones after your death. At the Law Office of Daniel Potucek, our experienced estate planning attorneys provide advice and assistance in drafting a variety of legal documents designed to protect your assets and provide for your beneficiaries. Among the most commonly used documents in estate planning are wills, trusts, powers of attorney, and healthcare directives.

A will is a legal document that allows you to specify how you want your property and assets to be distributed after your death. In your will, you can:

• Name beneficiaries to receive specific assets or a share of your estate.
• Name a guardian for your minor children.
• Appoint an executor to manage your estate and ensure that your wishes are carried out.

Without a valid will in place, your property will be distributed according to the intestacy laws of your state, which may not align with your wishes.

There are several types of wills to consider when creating an estate plan:

1. Simple Will

A simple will is a basic document that outlines how you want your property to be distributed after your death. This type of will is suitable for individuals with uncomplicated estates and few assets.

2. Testamentary Trust Will

A testamentary trust will includes provisions for one or more trusts to be established upon your death. These trusts can be used to manage assets for the benefit of minor children, disabled beneficiaries, or individuals who may not be capable of managing their own finances.

3. Pour-Over Will

A pour-over will is used in conjunction with a living trust. It directs that any assets not already transferred to the trust during your lifetime be “poured over” into the trust upon your death.

A trust is a legal arrangement that allows a third party, known as a trustee, to hold assets on behalf of a beneficiary or beneficiaries. There are several types of trusts, each designed to serve different purposes:

1. Living Trust

A living trust, also known as a revocable trust, is a trust that you create during your lifetime to hold your assets. You can serve as the trustee of your living trust and retain control over your assets during your lifetime. Upon your death, the assets held in the trust are distributed to your beneficiaries according to the terms of the trust, without the need for probate.

2. Irrevocable Trust

An irrevocable trust is a trust that cannot be modified or revoked once it has been created. Assets transferred to an irrevocable trust are no longer considered part of your estate, which can help to reduce estate taxes and protect assets from creditors.

3. Special Needs Trust

A special needs trust is designed to provide for the needs of a disabled beneficiary without disqualifying them from receiving government benefits such as Medicaid or Supplemental Security Income (SSI).

In addition to wills and trusts, our estate planning attorneys can assist you with creating powers of attorney and healthcare directives. These documents allow you to appoint someone to make financial and healthcare decisions on your behalf if you become incapacitated and unable to make decisions for yourself.

At the Law Office of Daniel Potucek, we understand that estate planning can be a complex and daunting process. Our experienced estate planning attorneys will work closely with you to understand your unique needs and goals and develop a customized estate plan that meets your needs and protects your assets. Whether you need a simple will, a comprehensive trust, or assistance with powers of attorney and healthcare directives, we are here to help.

Estate planning is an important aspect of preparing for the future and ensuring that your property and assets are transferred according to your wishes. At the Law Office of Daniel Potucek, our experienced estate planning attorneys provide advice and assistance in drafting wills, trusts, powers of attorney, and healthcare directives. Contact us today to schedule a consultation and learn more about how we can help you protect your legacy and provide for your loved ones.