1. What legal issues
arise at death.
-
Transfer of property
-
Gathering information
-
Disposition of remains
-
Substitute decision-making
2. Transfer of Property
A. Probate property.
Plan:
Control disposition.
Take care of special situations
and concerns.
Make gifts to friends and
charities.
Plan for estate taxes.
No plan:
Controlled by statute; Intestate
succession.
One size fits all.
Family disputes and possible
litigation
B. Non-probate property
Plan:
Coordinate with provisions
of Will or Living Trust.
No plan:
Controlled by contract or
statute.
One size fits all.
Special statutes for divorce.
3. Gathering information
Plan:
Organize records and information
to make the family’s task easier.
Prepare a “to do” list for
family to give them direction and instruction.
No plan:
Confusion and frustration
at the worst possible time.
Late payment of bills incurring
fees and interest.
Omission of assets and disputes
over ownership.
4. Disposition of remains
Plan: Will or Power
of attorney.
No plan: Potential family
dispute.
5. Substitute decision-making
Medical care
Plan: Medical power of attorney
and Medical Directive.
No plan: Guardianship – must
go to court.
Property management
Plan: Durable power of attorney, Living Trust.
No plan: Guardianship – must
go to court.