Estate Planning

If you're looking for an estate plan lawyer in Jackson, MI you've come to the right place. Read on to learn what an estate plan is and why you need one.

What Is an Estate Plan?

Estate planning is a process to decide what should happen to you and your things in case of death or incapacity. Using this, legal documents can be put in place to make sure the decisions you make now will be carried out later.

Think of it this way: an estate plan is "people and decisions insurance" that you put in place upfront, so when something happens later (death or incapacity), the people you've already chosen can jump into action to make the decisions you've told them in advance how to make.

Typical documents in an estate plan a Jackson estate planning lawyer might suggest are wills, trusts, power of attorneys, and health care power of attorneys. These documents work together to make sure your wishes are carried out, in case you are unable to act for yourself during your lifetime, or after you pass away.

Why Do I Need an Estate Plan?

thinking emoji on a cell phone do I really need an estate plan?

If you don't have an estate plan, the people you are close to may not be prepared or able to help you if you become incapacitated or pass away. Sudden incapacity or death is hard on loved ones and can result in uncertainty, conflict, stress, and expense while people figure out what needs to be done and how to help.

On the other hand, if you have an estate plan, you can provide clear directions in advance so the people around you know who should do what and what is supposed to happen. For example, an estate plan can provide answers to the following questions.

Who should make health care decisions for me and make sure I get the medical care I want if I'm unable to do that for myself? (patient advocate designation)

Who should make financial decisions for me and make sure my property, debts, and investments are taken care of the way I want if I'm unable to do that for myself? (durable financial power of attorney)

Who should be the person(s) to make sure my kids are taken care of the way I want if I can't do it myself? (guardianship designation)

Who should get my things if I pass away, and who is a person I trust to make sure these kinds of wishes are carried out after I die? (wills, trusts)

Do I need to do any Medicaid planning before I get older, so I can preserve my assets for my spouse or family members? (enhanced life estate deeds, trusts, etc.)

Do I want to give my relatives, doctors, and the courts instructions about what kind of end-of-life treatment I do and don't want? (patient advocate designation)

Do I want to leave money to a church, school, or other charity when I pass away? (wills, trusts, gifts made during life)

Do I need to set up a trust to avoid probate after I pass away, or are there other options I can use to avoid probate instead? (trusts, transfer-on-death accounts, beneficiary designations, enhanced life estate deeds)

Do I want to make gifts to relatives or do other taxable estate-reduction planning before I die, so my relatives won't have to pay estate tax? (trusts, gifts during life)

Can I set up a special needs trust to help provide a better quality of life for a relative or friend on government assistance, without disqualifying them from their government benefits? (trusts)

These are some of the questions that we can determine answers to while assembling your estate plan, saving the people closest to you from unnecessary uncertainty, conflict, stress, and expense. Reach out today to get started.

Contact Trent About Your Estate Plan

Parts of an Estate Plan

puzzles pieces on a table - what are the pieces of an estate plan?

Patient Advocate Designation (also known as a healthcare power of attorney). This empowers a person of your choice to make medical decisions for you if you become incapacitated and gives that person instructions about the medical care you do and don't want.

Durable Financial Power of Attorney. This empowers a person of your choice to make financial decisions for you if you become incapacitated and gives that person instructions about how they should handle your property and affairs for you.

Nomination of Guardian for Minor Children. This tells the court who you want to have care and legal custody of your children, in the event you are no longer able to take care of them.

Last Will and Testament. Wills give instructions on how you would like your property to be distributed after you pass away, and who will be responsible for carrying out your wishes after you die. Wills usually also contain your nomination of a guardian to take care of your minor children, in the event that you can no longer take care of them.

Living Will. Similar to a Patient Advocate Designation, this is a document that tells third parties what kind of medical treatment you do and don't want (not formally legally recognized in Michigan, but may be recognized in other states).

Revocable Living Trust. This is a document that creates a fictional entity (the "Trust") to hold property, so the property can be owned by the trust and not by you personally. While you are living, you can be the trustee of the trust and maintain full control over the property. After you pass away, the trust becomes irrevocable. These types of trusts can be used to avoid probate.

Regardless of the pieces used, a good estate plan brings together a number of documents that work together to try to ensure your wishes are followed during incapacity or death. I can help you decide which documents you need and choose a plan that is right for your budget.

Contact Trent About Your Estate Plan

Estate Planning FAQ

Trent Harris attorney shaking the hand of a happy client

Below are answers to questions I often hear about estate planning. If your question isn't answered, feel free to get in touch.

How much does an estate plan cost?

The cost for your estate plan will vary depending on your specific situation, needs, and wants.

That said, our basic estate plan (package of Last Will and Testament with Nomination of Guardian for Minor Children included, Patient Advocate Designation, and Durable Power of Attorney) starts at $950. Estate plans for two people double the number of wills, and other documents needed, increase the complexity, and cost more. Individual documents can be purchased for a per-document flat fee.

Worried about cost? We can help you decide what kind of estate planning you need within a budget that is right for you. We are located in Jackson, and our staff live and work in Jackson. We are a small law firm from your community, and we are here to help you.

How old do I need to be before I need an estate plan?

There's no minimum age needed to have an estate plan. But generally, a person should be an adult to make an estate plan. When you turn 18, you become solely legally responsible for yourself, and no one else has the power to make legal decisions on your behalf unless (A): you have estate plan documents in place; or (B) a court has appointed a legal guardian or conservator for you. For this reason, we suggest that anyone who is an adult should have some sort of estate planning done. This helps to provide certainty for friends and loved ones in case something happens to you, and avoids the delay, expense, and possible conflict that might come with having to get the courts involved in making decisions for you. of life you find yourself, at a cost that works for you.

Can I make edits to my estate plan in the future?

Yes. You can change your estate plan anytime, with a few exceptions.

Estate plans are drafted with flexibility in mind, because we don't have a crystal ball about the future. But sometimes life and circumstances change, and the choices made in a previous estate plan are no longer the choices you want going forward. This can happen, for example, because of the birth of a child; marriage; divorce; re-marriage; change in family relationships/dynamics; inheritance; significant change in financial status; change in law; or for other reasons. Also, because people and circumstances change throughout life, it's a good idea to review your estate plan with an attorney every couple years to make sure it is still up-to-date and reflects your wishes.

Do I need to have a lawyer to make an estate plan?

Strictly speaking: no. You can write your own estate plan if you know the law and your estate plan is signed with the proper formalities. But most people don't know the law and don't know how to make sure wills, trusts, power of attorneys, deeds, and other documents they sign are properly made so they cannot be challenged later in court. For this reason, having a lawyer draft your estate plan is highly desirable, if not indispensable.

Why are lawyers lawyers? Because the law is complicated. The United States constitution says that anyone is entitled to represent him or herself in court. But is that a good idea? Generally, no.

As the saying goes, "A man (or woman) who is his own lawyer has a fool for his client." The bottom line is that legal rules are confusing and the task can be challenging for one trained in the law, let alone one who has no formal legal education or experience. In this case, the phrase means that this is tough stuff. Pitfalls abound for the unwary. You would be foolish if you try to represent yourself.

Can I add someone to my deed instead of making an estate plan?

I almost always recommend against this for several reasons, two of which I'll explain below.

One, making someone a co-owner now means that person has equal (full) rights to your property, including the right to use and occupy the whole. What happens if you have a falling out with that person, and the two of you can't agree how to share the property?

Two, another consequence of equal (full) ownership by another person means that person's consent is necessary to make any decisions about whether to sell, lease, mortgage, or otherwise deal with the property. What happens if that person does not agree about what should be done, or if the person is legally incapacitated or cannot be found? You may be stuck with this person and have no legal remedy to retake control and sell the property.

In summary, there is a lot more that goes into the decision to put someone on a real estate deed than a non-lawyer might think. There are many variables that need to be considered, so the right type of document is used for the situation, and to make sure the document is drafted properly. Fill-in-the-blank legal forms available at big box stores are cheap, but if they are used by someone who does not have the legal knowledge and training to know the effect of that particular document's language, problems can arise that will cost thousands to fix later.

It pays to have an attorney help you decide the right technique and document to use for estate planning so it's done right the first time. If we can help you with this, let us know your questions, comments, and concerns.

Contact Trent About Your Estate Plan

Let's Talk.

I like to start all of my client relationships with a short chat on the phone to get acquainted and so I can learn about your legal needs. To set up a time to talk, fill out this form or simply give me a call at 517.240.4236

I look forward to hearing from you.

Trent Harris