By:
Ed Hellekson, Attorney at Law
Who Will Take Care of Your Children and How Will Your Assets
Be Divided?
If you
don’t have a will, the state has made one for you. Whether young or old, there are common
reasons to have a will. First, if you
have young children, you will want to name guardians that will take care of
your children should you pass away. If
you don’t have a will, the court will decide who raises your children. Secondly, if you do have minor children, a
trust should be created upon death through your will so the money does not go
directly to your minor children. You can
name a trustee to distribute the assets as needed by the children for support,
education and other needs, not wants. If
you don’t have a will, the child can spend the money however they wish, perhaps
a new motorcycle. Third, a will can
establish a credit shelter trust. The
purpose of the trust is to exercise your estate tax exemption. Why pay more taxes than necessary? Fourth, and most importantly, I assume you
would like to direct who gets your assets when you pass away. If you die without a will, the court will
decide how assets are split. In certain
circumstances, even an ex-spouse may inherit.
A well drafted will should address all four of these concerns.
If You Become Incapacitated, Who Will Make Health Care
Decisions?
A Health
Care Declaration, also known as a Living Will, sets forth your wishes about how
you want to be cared for when you can no longer make decisions for
yourself. It can be as simple as a
life-changing car accident. What now
about your quality of your remaining life?
Who is going to make a decision about pain medication or whether to have
an invasive surgery that won’t necessarily prolong your life? A Health Care Declaration allows you to
appoint a Health Care Agent. This would
typically be a spouse or a family member.
A good Health Care Declaration will carefully document how you feel
about certain procedures and situations, in other words, under what conditions
you would want life prolonged and at what expense and quality of life. If nothing else, a two page document will
do. However, the more detailed your
wishes, the more control you have over what happens to you if you should become
incapacitated.
Who is Going to Make Legal and Financial Decisions?
You need a
document called a Power of Attorney to appoint an attorney-in-fact. An attorney-in-fact is someone that you
trust, your spouse or a family member, to make legal and financial decisions
for you if you are incapacitated or unable to do so yourself. Don’t make the mistake, just because you are
married does not give you the power to do all transactions on behalf of your
spouse. Bank accounts, investments,
property, safe deposit boxes, real estate all have different requirements. A good Power of Attorney will allow your
appointed attorney-in-fact to access assets and do legal transactions on your
behalf if you are unable to do so. You
can limit the power that the attorney-in-fact has to certain actions or
assets. Consider the consequence of not
having a Power of Attorney. What happens
if you have a car accident and can’t conduct your affairs? Someone will have to go to court to have a
guardian or conservator appointed for you.
It may not necessarily be someone that you trust or want to have make
decisions on your behalf. Take control
now, while you can.
Your
attorney should be well-versed in Wills, Health Care Declarations and Power of
Attorney documents to avoid pitfalls should you become incapacitated or
die. Ask your attorney up front about
the fees for the documents. Make no mistake;
it is much cheaper to have these documents drafted than having to go to court
to sort things out. Take control of your
assets, your health care wishes and your children, get started today. You may be wondering, can I just draft my own
documents? There are certainly online
aids and kits you can purchase. However,
why risk one mistake that could cost you loss of assets, quality of life or
increase the amount of taxes you have to pay?
I have had educated middle-class and high net worth clients make such
mistakes, some of them are difficult to undo and can create higher legal costs.
Call for a free
initial consultation, you can learn how to:
1.
Reduce or
eliminate taxes;
2.
Protect and
shield your assets;
3.
Avoid
unnecessary probate costs;
4.
Pass your assets
safety to your family;
5.
Efficiently pass
or sell your business or farm to the next generation;
6.
Keep your family
cabin in the family;
7.
Divorce proof
inheritance to your children and grandchildren;
8.
Strategies for
eliminating market risk to your retirement assets;
9.
How to maximize your
retirement assets;
10.
Make sure your
family heirlooms go to your designated heirs.
You need to take
action now, whether you are a parent, single, married, divorced, entering
retirement, enjoying retirement or have a large asset in your estate and want
to treat your children equally.
Ed Hellekson is
an attorney located in the Brainerd lakes area, 14391 Edgewood Drive, Suite 205
Baxter, MN and offers free initial consultations. He offers home visits for
clients with mobility issues. He can be reached at Hellekson Law at
218-454-4555.