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Wills,
Trusts and Estate Planning:
The purpose of having a will is to prepare
for the orderly transfer of your assets to your heirs, a charity
or some other individual, entity or organization. Trusts are
used in conjunction with wills for multiple purposes such
as tax avoidance, disposing of assets to minors and having
a degree of control over the use of the assets which you have
or are going to transfer after your death. While trusts may
be used in conjunction with a will, they also can be used
by themselves to aid and assist you and your spouse while
you are alive.
While
one may have been planning for the future in their accumulation
of assets and funds for retirement, it is just as important
to plan for the orderly transfer of those assets. Wills and
trusts permit the donor a great deal of flexibility in the
disposal of your assets, prevents fighting among heirs and
in many instances will keep you assets from passing through
the court probate system, and avoiding fees associated with
that system.
Just as important as having a will is the necessity of having
a power of attorney. A power of attorney is one document that
everyone should have, for when it is needed, it is then too
late to obtain. A power of attorney allows some other individual
to make decisions over your financial affairs in the event
that you become incapacitated or unable to care for yourself.
Without a power of attorney, someone will need to apply to
the court to have an individual appointed to handle your affairs.
This one document can save you thousands in legal, court and
accounting fees.
The final document which is equally important is known as
the advance medical directive or "living will" in
layman's terms. This document grants certain specified individuals
the right to determine what will happen to you, should you
become terminally ill, but able to be maintained on life support
systems.
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