Category: ESTATE PLANNING

HEALTH CARE DIRECTIVES

An advanced health care directive (also known as a living will or medical directive) is a legal document through which one specifies what specific actions should (and should not) be taken regarding their health if they become unable to make or communicate such decisions on their own behalf because of illness or incapacity. Planning ahead with an advanced health care directive relieves loved ones from having to make stressful decisions in moments of sorrow and grief. These legal documents help to reduce or eliminate confusion, uncertainty and disagreement about the decisions to be made on behalf of a person. Common decisions made through advanced health care directives are those regarding the use and nonuse of life support, in the event that such a necessity arises. Without an advanced health care directive in place, these very important decisions will be determined by the laws of the state. As such, it is important to plan ahead and maintain control over the decisions to be made regarding your health care by preparing an advanced healthcare directive.

Due to the complexities and nuances which effect the enforceability of these documents, the assistance of a skilled attorney is vital. An attorney will ensure that the document is carefully drafted and in alignment with your wishes and requirements.

HEALTH CARE POWER OF ATTORNEY

These legal documents, sometimes referred to as Medical Power of Attorney, have the purpose of designating someone to be your representative (or agent) if you ever become unable to make or communicate decisions regarding your health care. Generally, the agent you select would be a person whom you trust to make medical decisions on your behalf and in accordance with any particular wishes you may have. It’s common for parents to designate their children or other close relatives to serve as their representative in these matters. However, to ensure that the selected representative(s) can effectively make such decisions, a formal and carefully drafted document must be prepared. A knowledgable attorney can gather the necessary information and prepare the document for you while ensuring that your goals and objectives are met.

Our attorney can assist you by carefully drafting a health care directive that ensures your medical wishes will be carried out. Additionally, we can prepare a health care power of attorney which gives a family member or friend control of all health care decisions leading up to a person’s death. Whatever your needs and objectives may be, we have the skill, knowledge and compassion to effectively assist you and help you achieve your goals.

A financial power of attorney is a document which gives permission to someone you (the principle) trust, referred to as an “agent” or “attorney-in-fact,” to handle and manage your important financial and legal matters. Upon execution of a legally enforceable financial power of attorney, the designated agent may act on your behalf in certain dealings with third parties. The document is carefully drafted to include the specific powers and limitations that one may want an agent to abide by. Additionally, a power of attorney can be worded such that it either becomes effective immediately, or upon the occurrence of a future event. Likewise, the authority conferred can terminate in one of numerous ways, depending upon the wishes of the person granting the authority. A durable power of attorney can be drafted to allow the authority of the agent to continue after incapacity of the principle, thereby eliminating the need to have a court appoint a guardian to manage your property and affairs.

WHAT POWERS CAN AN AGENT HAVE?

The common powers granted to an agent include the ability to engage in the following:

• • Real property transactions
  • Personal property transactions
  • Stock, bond, or securities transactions
  • Banking / Financial institution transactions
  • Insurance transactions
  • Claims and Litigation
  • Estate and Trust transactions
  • Tax Matters
  • Retirement benefits
  • Making gifts to charity
  • Operation of a business
  • Safe deposit box access
  • Government benefits

Our attorney can assist you by appointing a third party of your choice to handle your finances in the event you can no longer take care of your financial affairs. Usually, clients will designate a family member, close friend, or a professional to occupy the position. Whatever your needs may be, our experienced attorney can prepare a carefully drafted financial power of attorney that satisfies your specific objectives and is tailored to the requirements of California law.

Pour-over wills are designed to transfer any property owned by a person at death into an already existing trust. These wills should almost always accompany a living trust to ensure that any assets that do not make it into the trust are transferred to (poured into) the trust at the testator’s death. This way, one can ensure that their assets flow to their intended beneficiaries.

Assets that pass through a pour-over will may be required to go through the lengthy and costly probate process. If a person transfers all their assets into a living trust prior to their passing, a pour-over would be unnecessary. However, this is not often the case. Many people fail to transfer all their property into a living trust and consequently run the risk of having such property pass to certain heirs by operation of law, rather than in accordance with their wishes. There are also various circumstances which could cause the assets transferred into a trust to be transferred out, either intentionally or accidentally. Pour-over wills serve as great safety mechanisms through which such risks can be mitigated.

Like any other will, pour-over wills have complex requirements which if not met would render the document invalid and legally unenforceable. Our Los Angeles estate-planning attorney can simplify the process for you by drafting a legal and enforceable pour-over will tailored to your specific needs. We will gather all the necessary information from you and take care of the rest.

Trusts are estate-planning tools that can be used to manage property during one’s life and also after one’s death. They are extremely helpful in avoiding the costly and cumbersome probate process, as such, trusts have become vastly popular estate planning and asset protection mechanisms. Trusts come in different forms and are drafted strategically to achieve the particular needs and purposes of each client. Some of the most common types of trusts are:

LIVING TRUSTS

Living trusts (inter vivos trusts) are currently the most popular estate-planning tools designed to control a person’s assets during his or her life and are intended to preserve the person’s estate for his or her loved ones. Our experienced attorney can prepare a personalized arrangement for you to ensure that your assets are managed according to your wishes.

TESTAMENTARY TRUSTS

Unlike living trusts, testamentary trusts only kick in upon a person’s death and must be accompanied by a will which references the trust. These trusts can assist a person with the management and distribution of property after death.

QUALIFIED PERSONAL RESIDENCE TRUST (QPRT) / ASSET PROTECTION TRUST

A Qualified Personal Residence Trust is a unique tool that provides estate tax benefits and asset protection advantages for a primary personal residence or second home. These trusts are designed to transfer ownership of a personal residence to a beneficiary while reserving a right for the creator of the trust to live in the residence for a specified period of time. QPRT’s can be carefully drafted to protect a person’s personal residence from claims of future creditors.

SPENDTHRIFT TRUSTS

Spendthrift trusts are designed to prohibit beneficiaries from selling or pledging away the interests granted in the trust. These types of trusts can also be used to protect assets from being reached by beneficiaries’ creditors. Spendthrift trusts are commonly utilized by parents to protect assets from their children’s creditors and to ensure that their children do not transfer or sell the assets in the trust.

REVOCABLE TRUSTS

Revocable trusts allow the creator of the trust (trustor) to retain sole control of the trust. The trustor can withdraw funds from the trust, alter the trust and cancel the trust at any time.

IRREVOCABLE TRUSTS

Irrevocable trusts are powerful asset protection tools which cannot be cancelled after being created. The trustee of an irrevocable trust is given sole control over the trust property. Generally, these trusts continue until the specific trust purpose is fulfilled or the beneficiaries and trustee consent to its revocation.

Whatever your estate planning needs might be, our knowledgeable Los Angeles estate-planning attorney can assist you with every step of the process. We will strategically draft your trust, prepare the necessary deeds and guide you through the estate planning process. Contact us today for a free estate planning consultation.

Estate and trust planning are important steps in protecting your assets and the future of your loved ones. The Justice Attorney Group can help you with personalized plans to ensure maximum protection for you and your family. We offer Living Trusts and Pour-over Wills at prices that few can beat. Clients depend on our strategic attorney to implement creative and practical solutions to their complex issues. See our estate and trust planning solutions below to learn more about how we can help you.

LIVING TRUSTS

We can help you plan for the future and protect your family and assets through the creation of a personalized living trust. All of our trusts will include a basic Power of Attorney clause to ensure maximum protection for you and your loved ones. In addition to its estate planning utilities, Living Trusts can also be powerful tools in asset protection planning. No matter your needs, the Justice Attorney Group has the proficiency, knowledge and tact to draft custom living trusts which meet the specific requirements of each client. 

POUR-OVER WILLS

Most often, those who create living trusts will require a “pour-over will” which ensures that all property not included in the trust end up being transferred (poured) into the trust at the person’s death. This property is then distributed to the beneficiaries named in the living trust. We work in cooperation with our clients to assure that their loved ones and hard-earned assets are protected. 

POWER OF ATTORNEY

Our experienced attorney can help you meet your financial goals by carefully drafting a Financial Power of Attorney which grants authority to a person of your choosing to manage your financial affairs in a manner consistent with your objectives. 

HEALTHCARE DIRECTIVES & MEDICAL POWER OF ATTORNEY

Health care directives are important written instruments which allow you to specify decisions regarding your health care in case you are ever in a position which doesn’t allow you to decide for yourself. Just as important are Medical Power of Attorney’s which allow you to identify a close family member or friend to make decisions for you regarding your health care. Whatever your objectives may be, learn more about how are skilled Los Angeles lawyer can help you.