What is an Estate Plan?
When we’re talking about a Trust, we’re really talking about Estate Planning. A comprehensive Estate Plan consists of a set of 9-documents (14 documents in a joint plan) that are all designed to put your estate in order and keep you and your heirs out of court. They include:
- Trust, which is the biggest piece of the project;
- Will, a type of will called a Pour-Over Will, which is designed to catch any assets that might be stuck in probate and pour them over to your trust.
- Durable Power of Attorney – which legally appoints someone to handle all your finances. Without that you could end up needing a court supervised conservatorship – like Brittney Spears, where her dad was in charge of her finances and had to report to the court about the activity of the money. This is more commonly when someone ends up with dementia and they need someone to help manage their finances.
- An Advance Health Care Directive – which names someone to make medical decisions for you, if you cannot, including end of life decisions.
- A HIPAA Authorization – HIPAA is the 1996 Federal law called Health Insurance Portability and Accountability Act that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge. This document authorizes your agents access to your confidential medical info
- Certification of Trust – Which is, essentially, a 2-page notarized summary of your trust. This is what you use to keep all the contents of your trust private. If anyone wants to see your trust you can just provide this 2-page document instead of the entire trust document. People who would want to see the trust are like your bank, a realtor if you are buying property, a financial advisor, etc.
- A General Assignment – which is a catch all document that says all your assets should be in the trust and not subject to probate. This includes things like personal property, cars, boats, collectibles, etc.
- A Grant Deed – We will prepare the document that transfers title from your home into your trust.
- A Personal Property Memorandum – This document allows you to distribute certain sentimental items to whomever you choose. This is important since a lot of families end up fighting over little sentimental items and we want to give you some tools to head that off.
Book your Free Consultation with us.
Copyright © 2021 JPink Law, APC
945 Morning Star Dr.
Sonora, CA 95370
931 10th Street, Suite 493
Modesto, CA 95354
90 Big Trees Road, Suite D
Murphys, CA 95247