Every person should have a will or some other form of estate planning document as well as an advance medical directive, or living will, and a general power of attorney. No one wants to believe that they may need these documents, but it is in your family’s interest to be prepared in the event something happens to you. Inform your family of what your choices are.
Except in certain circumstances, it is not necessary to create a living or inter vivos trust. The Estates and Trusts Section Council of the Maryland State Bar Association and the Register of Wills Association of Maryland have jointly prepared an informational pamphlet which answers many of the commonly asked questions about living trusts. It is found here: Trust Pamphlet.
I do not do large “estate planning.” During our initial interview, I will go over your assets carefully to determine the total value of your estate and may make the recommendation that you speak with a formal estate planner, financial advisor or elder law attorney. If this is not necessary or if you choose not to do so, I can prepare for you a “simple” will and, if appropriate, a testamentary trust.
I also recommend that everyone have an advance medical directive. This document, frequently called a living will, directs a person you choose to act on your behalf in the event you are unable to make medical decisions for yourself. You may make this document as specific or as general as you choose, and it includes a section regarding your choices in the event you are faced with permanent life support. You also may choose to make decisions regarding organ donation and the disposition of your body in this document.
Finally, I recommend that everyone have a general power of attorney. If you become disabled, it may be necessary for some other person you trust to take over your financial affairs to prevent financial ruin for you and your family.
Although thinking about these decisions can be very difficult, death is a part of every person’s life and many people also experience disabling injuries or illnesses during their lives. Prepare yourself, and your family, for these occurrences.
Disclaimer
The information provided on this website is for general reference and is not intended as legal advice for any particular case. Since each case is different depending on its particular facts, please call your attorney or me directly to discuss your specific case. Neither the provision of the information on this website nor a preliminary discussion of your case by telephone is intended to form an attorney-client relationship, and I do not and will not represent you unless and until you have signed a written representation agreement.