Estate Planning - Wills and Trusts
Planning your journey
All you need is the plan, the road map, and the courage to press on to your destination.Earl Nightingale
The greatest of journeys begin with a well thought out road map. Burke & Casserly, P.C., can help you map your course on the road toward a solid estate plan. A well crafted estate plan can ensure that your wealth is distributed according to your wishes, both during your lifetime or after your death. The goal of any estate plan is to achieve your objectives while limiting tax liability, complications, time, and expense. A comprehensive plan can provide a precise map in the event of not only death, but incapacity as well.
Whether your goal is to avoid taxes, preserve assets, avoid probate, or provide a seamless transition of wealth from one generation to the next, we can guide you through and implement the estate planning techniques and documents needed to achieve your goals.
In doing so, we will provide you with peace of mind knowing that your affairs are in order, your wishes reflected, and your legacy will pass as you desire.
Frequent estate planning documents and services include:
- Review of existing estate planning documents with recommendations for modifications if needed
- Preparation and execution of Last Will and Testament
- Recommend, draft and facilitate execution of variety of Trusts, including Revocable (Living) Trusts, Irrevocable Trusts, Long Term Care Planning and Asset Protection Trusts (Medicaid qualifying trusts), Supplemental or Special Needs Trusts, Irrevocable Life Insurance Trusts, Tax Planning Trusts
- Power of Attorney
- Living Will
- Health Care Proxy
- Spousal protection documents, including prenuptial and post nuptial agreements and Waivers of the Right of Election, when applicable
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Resources & Links
- Advanced Directives & Guardianship Information
All persons, regardless of age, health, and circumstances, should take the time to contemplate the need and appropriateness of having another person act in their stead should the circumstances require it. This document provides explanation as to why you need a power of attorney, living will or health care proxy and the process for what happens if you do not have these documents as a part of your estate plan.
Link- Advanced Directives Resource Website
A Health Journal article appearing in The Wall Street Journal on March 22, 2005 referencing the case of Terri Schiavo addressed the importance of having a Living Will and designating a Health Care Proxy. A Living Will is a document that outlines the desired medical care an individual would want in the event they were incapacitated. More importantly is the designation of an agent or Health Care Proxy that would make medical decisions on your behalf in the event of incapacitation. The National Hospice & Palliative Care Organization will have all state forms available on their website www.caringinfo.org beginning April 1, 2005. It is recommended that you seek the counsel of an attorney before signing these documents to ensure the document clearly expresses your wishes.
Link- B&C Checklist of Documents to Bring to Initial Meeting
To better prepare you for an initial meeting with one of attorneys, we provide you with this checklist of possible documents to bring with you. This is a generic list, bring only those documents relevant to the situation for which you are meeting with the attorney.
Link- B&C Crisis Checklist Form
- Link
- B&C Estate Planning Guide
Information on estate planning prepared by B&C.
Link- B&C Estate Planning Worksheet
Worksheet to assist B&C in preparing your estate planning documents.
Link- Common Estate Planning Term Definitions
- Link
- Elder Law Answers
Guide for answers to questions related to estate and long term care planning.
Link- Estate Planning 101
Basic information on estate planning including a checklist of steps to take in creating an estate plan, a look at the key benefits of estate planning, and information on what happens if you die without having an estate plan in place.
Link- Estate Planning Resources for Consumers
Miscellaneous information on estate planning resources and links.
Link- Estate Tax Calculator
Calculate your estate tax.
Link- IMPORTANT POWER OF ATTORNEY ALERT - 2009!
Drastic changes that have occurred in New York’s Power of Attorney law. This document highlights the major changes.
Link- Living Will & Health Care Proxy
Each state has its own version of a Living Will or Health Care Proxy. The Caring Connections website of the National Hospice and Palliative Care Organization has all 50 state forms available free at this link.
Link- Reasons to Update Your Will & Estate Plan Documents
There are many reasons to review and update your will and other estate planning documents. See this checklist of events that may prompt you to do so.
Link- Trusts Overview
Trusts are estate-planning tools that can replace or supplement wills, as well as help manage property during life.
Link- Veteran’s Administration
Veteran's Benefits
Link
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