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Tag Archive for: Estate Lawyer

4 Questions To Consider When Creating A Will

April 28, 2016/in Estate Planning

Making the decision to start estate planning by creating a Will is a very personal decision. Along with it being a personal decision it should also be a timely decision. No one wants to think about what could happen in the future. We’re all going to live to be 100 years-old right? Unfortunately, it’s important to start the process of creating a Will earlier in life so that you’re sure your affairs would be in order if something unexpected happens. Once you have decided to start the process of estate planning, there are several questions you should ask yourself as you work with an estate planning lawyer. Consider these topics as you work through the process.

Should I Have A Living Will As Well?

A will is a document intended to express your wishes after you pass. This includes everything from what happens to children, to who inherits property, and what happens with your finances. A living will is intended for times when you may still be alive but unable to make decisions concerning your care. If you have strong feelings about whether or not you want to be put on a ventilator, or if you know you’re going to have a medical procedure that involves anesthesia, a living will would be an important document to have so that your wishes are known. A living will is a document that compliments a standard will.

How Does This Affect My Children?

The purpose of creating a will is simply to make sure that your wishes are carried out after you pass. This includes any funeral arrangements and financial decisions. When it comes to individuals who have children, who do you want to have make decisions about their lives? If they’re minors, who will be their guardians? How will they be financially taken care of? If your children are older, will they receive equal treatment in the will? Will one be the executor of the estate over the other? These are questions that must be considered.

Who Are My Beneficiaries?

Not everyone has children and not everyone wants their entire estate to go to their children. That’s okay. Deciding who benefits from your estate is a very personal decision. Maybe you have two children and raised a nephew. You can designate equal assets to each of the three individuals so there is no squabbling. Or maybe you don’t have children and wish your assets to go to a very specific charity. That’s the purpose of the will is to be able to specify your wishes and know it will be carried out to the letter of the law.

Do I Need A Trust?

There are a variety of reasons someone may want or need to establish a trust. A trust is when assets are set up in an account with specific rules to them. Essentially the assets are set up where one person manages the assets for the benefit of another. This could be a trust fund for children that only allows access to the money when they go to college and or reach 18 years of age. Or it could be you’re looking to have your children manage your finances as you age. A trust could be of benefit there. Look at your unique situation and see if one could be of benefit to you.

https://debruinlawfirm.com/wp-content/uploads/2019/11/nonprobateassetsblogpic-161104-581d01c80f368.jpg 628 1200 Bryan De Bruin https://debruinlawfirm.com/wp-content/uploads/2025/04/logo.png Bryan De Bruin2016-04-28 06:29:582019-12-16 13:13:254 Questions To Consider When Creating A Will

5 Common Mistakes To Avoid When Planning For Your Family’s Future

April 28, 2016/in Estate Planning

In their twenties and thirties, the last thing most people are thinking about are what will happen to their assets after they pass away. However, it’s never too early to think about estate planning, even if you don’t feel like you have much of an estate to plan at this point. Unfortunately, there’s a lot of confusion over how to properly execute estate planning as well as tactics that can help your estate save money over the long term. At De Bruin Law Firm, we understand how instrumental an estate planning attorney can be to the security of your family, and we strive to handle each case with a personal touch. To that end, we’ve gathered up some of the most common mistakes that people make when they try to execute this legal process on their own.

Not Knowing The Difference Between An Estate Plan And A Will

Lots of people know that they should have a last will and testament to ensure their wishes are carried out after they pass away. Not everyone realizes a will is only one part of the puzzle. While both are estate planning devices, they serve very different functions when it comes to your family’s future. Basically, a will is one element of a complete estate plan. Other essential elements include a power of attorney, an advanced directive, and, for some people, trusts that will benefit children, grandchildren, a favorite charity, or even a family pet in the future.

Not Planning For Disability

Even those who are familiar with the elements of a good estate plan can become hyper-focused on structuring this plan to be executed after their death. There are other reasons to have an estate plan in place, however, included unexpected disability. Physical limitations that make it impossible to work, care for your family, or take care of your property also leave your estate at risk.

Not Giving Enough Money Away

While it’s important to make good investments so that your wealth is secure for your dependents in the future, waiting until you’ve passed away isn’t always the best way to bequeath it. According to the Internal Revenue Code, gifts up to $13,000 a year per spouse may be excluded from estate tax. This has two benefits, a) you avoid giving your hard earned income to the government and b) you are able to see the benefits of your gift in the lives of individuals you gift to while you’re still alive.

Not Choosing The Right Person To Manage Your Estate

As we mentioned previously, a comprehensive estate plan includes several different types of documentation, including your selection for power of attorney. This position should only be awarded to a person that you can trust to act in your best interests in the event that you’re disabled or pass away. This person should be provided with as much information as possible about your wishes so that they can execute your will accurately.

Not Enlisting The Services Of An Estate Planning Attorney

As you can see, estate planning isn’t a chore that should be taken lightly. It has powerful implications for yourself, should you be disabled, as well as your family and causes you care about. The best way to make sure you’ve constructed a comprehensive plan for your future is to consult with a qualified estate planning attorney.

De Bruin Law Firm has been helping South Carolina families secure their future for many years. Don’t make these mistakes! Contact us for a consultation today.

https://debruinlawfirm.com/wp-content/uploads/2025/04/logo.png 0 0 Bryan De Bruin https://debruinlawfirm.com/wp-content/uploads/2025/04/logo.png Bryan De Bruin2016-04-28 06:28:012020-03-04 11:23:365 Common Mistakes To Avoid When Planning For Your Family’s Future

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