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FREQUENTLY ASKED QUESTIONS REGARDING WILLS/ESTATE PLANNING AND ESTATE ADMINISTRATION:
1. What is a "complimentary initial consultation"?
Answer: At my firm, the complimentary initial consultation is a meeting between myself and you at my office or in your home. At this meeting we discuss your current estate, your intentions on who you want to leave your estate to, the estate and inheritance tax implications involved, the trusts to be set up in your will and the persons you want to appoint to be your executors, trustees and guardians for your minor children.
2. When do I start paying for services?
Answer: At the conclusion of the complimentary initial consultation I will inform you of the fee for the services you requested based upon the information provided during the consultation. If you elect to retain my services, I will prepare the requested documents and schedule an appointment with you to review and sign the documents. Payment is due at the time of signing the documents.
3. Is there an extra charge for coming to my home for the complimentary initial consultation or signing appointment?
Answer: NO. I provide this service as a courtesy to persons with busy schedules and parents who may have difficulty arranging for child care.
4. I expect to have more children. Should I wait to prepare my will until my family is complete?
Answer: NO, there is no need to wait. The will provides for all existing children as well as any children you may have in the future so you will not need to update your will after another child is born. If you have one child or ten you need a will, if for nothing else, than to appoint guardians for your minor children.
5. What information is needed at the complimentary initial consultation?
Answer: Please refer to the estate planning questionnaire contained in this website. I typically go through the questionnaire at the time of the consultation with you. If you do not have all the information at the time of the consultation you can provide me with any missing information thereafter. The financial information does not need to be exact but rather the approximate value. The beneficiary designation of any insurance policies, pensions, 401K's etc. should be reviewed prior to or after the consultation.
6. What is the difference between a will and estate planning?
Answer: The will is typically the main component of an estate plan. A basic estate plan is comprised of a Final Will & Testament, Power of Attorney and Living Will/Health Care Directive.
7. Why do I need a Power of Attorney if I own real estate jointly with my spouse and hold my financial accounts jointly with my spouse?
Answer: A Power of Attorney allows the person you designate to represent your interests and perform any legal action which you can no longer perform in the event you become mentally disable, physically disabled or are just not capable of being physically present. The fact that you own the property jointly or a jointly named on the account does not entitle you to act as the attorney in fact for the co-owner - ONLY a properly executed Power of Attorney can provide the legal authorization to act for the other person.
8. What is "Estate Administration"?
Answer: "Estate Administration" begins after a person passes away. The Last Will & Testament is probated at the county surrogates office by the person designated in the will to act as Executor. The Executor is then appointed by the Court to "administer" the estate, namely gather all assets, pay estate debts and liabilities and distribute all remaining assets in accordance with the dictates contained in the Will.
9. Can my attorney who handled my divorce prepare a will/estate plan for me?
Answer: You have to ask the attorney if wills/estate planning is an area that they commonly practice.
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
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