Skip to content
All posts

What legal documents should I have in place for my estate planning?

As a lawyer, my advice for estate planning would be to have the following legal documents in place:

  1. Last Will and Testament - This document outlines how you want your assets to be distributed after your death. It also names a personal representative, also known as an executor, to carry out your wishes. Additionally, if you have minor children, you can also name a guardian for them in your will.
  2. Living Will/Advance Directive - This document outlines your wishes for end-of-life healthcare in case you become incapacitated or unable to make decisions for yourself. This document can also include instructions about organ donation and funeral arrangements.
  3. Durable Power of Attorney - This document authorizes someone you trust, known as an attorney-in-fact, to make financial and legal decisions on your behalf in case you become incapacitated.
  4. Health Care Proxy - This document allows you to name someone you trust to make medical decisions on your behalf in case you become incapacitated.

In certain circumstances, it may be wise to consider options such as a trust or a joint ownership agreement to avoid probate and minimize legal fees. Each individual's circumstances are unique, so it is important to seek legal advice from a licensed attorney to tailor an estate plan that best suits your needs.

It's important to periodically review your estate plan, especially after life-changing events like the birth of children, marriage, divorce, or the death of a loved one. Additionally, if you move to a different state, it's a good idea to consult with an attorney in that state to ensure that your estate plan complies with their specific laws.

In conclusion, having the four legal documents mentioned above in place can help ensure that your wishes are carried out and your loved ones are protected in the event of your death or incapacity. It's crucial to seek legal advice from a licensed attorney to establish an estate plan tailored to your specific situation.