Fort Myers Attorneys Guiding You Through The Estate Planning Process
Deciding who will inherit your assets after you are gone, having the opportunity to name a guardian for your minor children in the event of your untimely death and reducing taxes on the assets you leave behind are just some of the benefits of putting together an estate plan. Protecting your young children, beneficiaries and assets while leaving the smallest tax burden for them and eliminating family disputes are all valid reasons to get your estate planning done.
Thankfully, planning your estate is easy with the help of the right lawyer. Our wills and trusts attorneys at Patrick McLain Law will provide you with all the services you may require for family and estate planning and all related matters, including, but not limited to:
- Opening estates and guardianships
- Garnering assets
- Assisting with accounting
- Representing you in will contests, if someone contests the will of a loved one
- Creating customized trusts
- Drafting a living will
- Designating durable and health care powers of attorney
Your estate plan can and should be customized to reflect your estate and meet your unique needs and goals. If you don’t know which of the above elements you will need, our lawyers can provide guidance during an initial consultation.
Naming Guardians For Your Kids
A guardianship is a legal process that serves to protect vulnerable people who cannot take care of themselves. They are used for minor children or when an adult is disabled or has been adjudicated.
When it comes to a minor, guardianship comes into play when their parents have died, when the parents are unable to properly care for them or when there is no information as to the whereabouts of the parents.
When you are ready to start planning your estate, you may want to consider naming a guardian for your minor children should you and your spouse pass away or become incapacitated. When no guardian has been appointed, the court will do so. Whoever is named becomes legally responsible for the care of the child until either the child reaches the age of 18 or their duties are properly discharged.
Talk to our attorneys about your worries and concerns regarding appointing the right guardian for your minor children and get the peace of mind you deserve.
Representing Plaintiffs Or Defendants In Will Contests
Losing a loved one is hard enough without having to deal with their will being contested. Sadly, dealing with a contested will is much more complicated than you might envision, and the results may end up being quite different from those expected by the contestant.
Any person named in the will can contest it, trying to invalidate it or portions of it. Once the will has been admitted to probate by the court, contesting it is still an option but one that becomes much more difficult.
Our lawyers at Patrick McLain Law can represent you whether you are interested in contesting a will or in defending it. They will guide you through this process and help you design the most appropriate strategy to obtain the results you want.
Make Your End-Of-Life Medical Wishes Clear With A Living Will
You never want to reach your final days, in need of medical care, and not be able to voice your opinions or concerns regarding how it should be carried out. However, specifying how you want your end-of-life medical care in a living will make everyone aware of your specific wishes, including your loved ones, physicians, and anyone else involved in your care.
Whenever you start estate planning, it is important to also make a living will. It will speak for you when you are unable to express your wishes, and it will help to avoid conflicts and misunderstandings between your family members and those providing you with medical care.
Your living will can address your wishes for:
- Whether or not to be resuscitated
- Which life-prolonging procedures do you approve of and under what conditions
- Use of a feeding tube
- Assisted breathing (through a ventilator or similar device)
You may be set on having every medical procedure, medication, and treatment put in place. Or you may prefer letting nature run its course when the time comes. Our attorneys will take the time to understand your wishes and prepare a document that reflects them.
Durable Health Care Power Of Attorney
While a living will addresses end-of-life medical care and outlines your preferences regarding medical treatment in cases of terminal illnesses or injuries, a durable health care power of attorney gives a person you designate the ability or proxy to make decisions for you when it comes to health care, not only at the end of your life but at any point when you are unable to speak for yourself. This may come into play should you lose consciousness or mental capacity for whatever reason.
Certain considerations have to be taken into account when drafting a durable health care power of attorney, and our attorneys will be able to help you understand them and their consequences.
Take Control Of Your Assets With Customized Trusts
Traditionally, a trust is created to reduce taxes. It also offers other benefits as part of a well-crafted estate plan. This fiduciary arrangement allows a third party or trustee to hold assets on behalf of a beneficiary. When there is a trust, your beneficiaries gain access to the assets that are included in the trust much faster since trusts generally avoid probate, which can be a lengthy process.
By being able to pass property outside of probate, your heirs may save time and court fees, as well as minimize estate taxes regarding all the assets in the trust. By establishing a trust, you get greater control over your wealth while designating who will receive the remaining assets at your death. A properly constructed trust will allow you to protect your estate from your heirs’ creditors or from beneficiaries not experienced in managing money.
There are different types of trusts, and each one serves a specific purpose. A consultation with a trust attorney from Patrick McLain Law will allow you to understand the benefits that each one of them offers and take your particular situation into account to create the perfect document to protect your assets.
Ready To Get Started? Contact Our Fort Myers Firm Today.
To set up an appointment with an experienced estate law attorney at Patrick McLain Law, call our Fort Myers office at 239-737-3735 or submit an online contact form. We serve clients in Lee County, as well as the surrounding counties of Hendry, Collier, Charlotte and Glades.