Wills and Estates

What Is A Will?

In a Last Will and Testament (Will) you specify how your property is to be distributed after your death. A Will allows you to name a personal representative (executor) who is appointed by you to oversee the distribution of your property in accordance with your wishes. You specify the beneficiaries in your Will and what property your beneficiaries will receive. If you have children, a guardian of your children and trust arrangements are normally specified in your Will.

Estate Planning

The arrangement of your personal and financial affairs prior to your death is commonly referred to as estate planning. While at one time estate planning meant the preparation of a Last Will and Testament, estate planning now also refers to the preparation of a Durable Power of Attorney, Health Care Power of Attorney and Living Wills.

Power Of Attorney

In a “Durable” Power of Attorney you appoint a person to act as your “agent” to handle certain decisions on your behalf relating to specified types of transactions while you are alive. It can be prepared in such a way that it takes effect immediately and continues to have effect after you become mentally incapable to manage your own affairs (e.g. dementia, coma, etc.).

A “springing” power of attorney can only take effect when you are mentally incapable to do so. The agent’s power to act then “springs” into effect upon the happening of an event such as disability.

A Power of Attorney avoids the need for a dependent adult trusteeship court order and the delay and expense associated therewith.

Health Care Power of Attorney and Living Wills

An advance heath care directive is a written set of instructions expressing your wishes for medical treatment. It may contain a Durable Health Care Power of Attorney, where you name a person called a “health care agent” to decide treatment for you, and a Living Will, where you tell your health care agent and health care providers your choices regarding the initiation, continuation, withholding or withdrawal of life-sustaining treatment and other specific directions, if you wish.

Estate Administration

Estate Administration refers to the legal process of administering and distributing your property and estate when you die. If you have a Will, your estate is to be administered in accordance with your Will. If you do not have a Will, your estate will be distributed in accordance with the provisions of legislation.

The personal representative (e.g. executor) makes an application to the Court for probate (where there is a Will) or for administration (where there is no Will). There are circumstances where with proper planning (e.g. joint ownership of property) the expense and delay of probate or administration may be avoided.

DRG Law Legal Services

What we provide at the Law Office of Daniel R. Grabianowski is the experience and knowledge necessary for you to draft and obtain these most important personal documents that can and will ultimately affect your financial well being and that of your beneficiaries. It is simply not enough to ignore your estate because doing so can and will result in some serious and unintended consequences.