Do They Know What To Do?
We are all unique individuals who have different goals, family situations, assets, liabilities, interests, and health care philosophies. Do your loved ones know what is important to you? Do they know who you would want to make decisions on your behalf? Or better yet, does that person have the power to carry out your wishes? Do not leave it to chance. Many people make the mistake of hand writing or typing up their wishes on a piece of paper, thinking that they are giving effective instructions. Unfortunately those pieces of paper are unenforceable and often tossed aside. So create the documents needed to give your loved ones direction on your wishes and are enforceable in the event someone wants to ignore your wishes. Here are some questions that you will want your loved ones to know:
If you are incapacitated, who will make medical decisions for you? What if they are not available? Who else?
If you are in a coma or vegetative state, do you want someone to 'pull the plug'?
If you are having a serious medical episode, do you want live saving efforts to be utilized?
If you are incapacitated, who will make financial decisions for you? What if they are not available? Who else?
Do you want to protect your assets from nursing home attachment?
Do you want your assets to be given to a spouse?
Do you want your assets to be given to your children, equally? Do you want to omit some of your children?
Do you want your heirs to be a certain age before they are able to touch their portion of their assets?
Do you want to donate some of your assets to your favorite charity? What if that charity no longer exists when you pass away?
Do you own property in another State? Do you want to avoid having to probate that asset in that other State?
Who should be in charge of your estate? Should they be paid for handling your estate?
If more than one person is inheriting your real estate, do you want to give them the option to buy each other out?
Do you have another family member that you would like to provide for?
Do you have any specific pieces of property that you would like to give to someone special?
Does your estate exceed the State or Federal estate tax threshold?
There are simply many questions that you should give some serious thought. Then you need to answer those questions by drafting the appropriate estate planning documents like a Health Care Proxy, Durable Power of Attorney, Last Will and Testament and/or Trust. However, it is not enough to have those documents. You need to make sure that those documents can be located. Do your loved ones know who your attorney is? Do they know where you store your important documents? Simply register them here, so there are no questions about what your wishes arel