Estate planning means more than just writing a will. A comprehensive plan includes multiple documents working together to protect your assets, express your healthcare wishes, and provide for loved ones both during your life and after your death. Without these documents, state law and courts make important decisions about your property and care without knowing what you would have wanted.
Our friends at Montana Elder Law, Inc help clients build complete estate plans tailored to their family situations and financial circumstances. An estate planning lawyer guides you through creating documents that work together seamlessly, avoiding gaps that leave your family vulnerable during difficult times.
Your will directs how assets get distributed after death, names guardians for minor children, and designates an executor to manage your estate through probate. Without a valid will, state intestacy laws determine who inherits your property, which might not align with your wishes.
Wills should address:
According to a survey by Caring.com, a significant percentage of American adults lack wills, creating unnecessary complications for their families. We help you create clear, legally valid wills that express your wishes and minimize family disputes.
Revocable living trusts avoid probate, provide incapacity management, and maintain privacy for your estate. You transfer assets into the trust during your lifetime, serve as trustee managing those assets, and designate successor trustees who take over when you cannot.
Trusts benefit families by allowing immediate asset access after death without waiting for probate court approval. This matters particularly when family members need quick access to funds for living expenses or business operations.
This document authorizes someone to manage your financial affairs if you become incapacitated. Without it, family members must petition courts for conservatorship, an expensive and time-consuming process.
Your financial agent can pay bills, manage investments, handle tax matters, and make other financial decisions according to your best interests. The power of attorney becomes effective either immediately or upon your incapacity, depending on how you structure it.
A healthcare power of attorney designates someone to make medical decisions when you cannot communicate your wishes. This person works with doctors to determine appropriate treatment based on your values and previously expressed preferences.
Choose someone who understands your healthcare philosophy, can handle difficult decisions under pressure, and will advocate effectively with medical professionals.
Living wills specify your wishes about end-of-life medical treatment including life support, artificial nutrition and hydration, and pain management. These instructions guide both healthcare agents and medical providers when you cannot communicate.
Be specific about circumstances when you would or wouldn’t want aggressive treatment. General statements like “no heroic measures” lack the clarity doctors need to make appropriate decisions.
The Health Insurance Portability and Accountability Act restricts who can access your medical information. A HIPAA authorization allows designated individuals to receive your medical information and communicate with healthcare providers.
Without this authorization, even your healthcare agent might face obstacles getting information needed to make informed medical decisions on your behalf.
While not traditional estate planning documents, beneficiary designations on life insurance, retirement accounts, and payable-on-death accounts are among the most important estate planning tools. These designations override your will, transferring assets directly to named beneficiaries.
Review and update beneficiary designations regularly, especially after:
Outdated beneficiary designations create problems we see repeatedly. Ex-spouses receive life insurance proceeds, deceased parents remain named on retirement accounts, and unintended beneficiaries inherit assets meant for others.
This informal document guides your executor and family about personal property distribution, funeral preferences, digital asset access, and other matters not requiring formal legal language.
While not legally binding in most states, these letters provide valuable guidance about your wishes and help prevent family conflicts over sentimental items.
Estate planning documents must work together cohesively. Your will needs to coordinate with trust provisions, powers of attorney should align with healthcare directives, and all documents should reflect consistent wishes and appointments.
Conflicts between documents create confusion and sometimes litigation. We review your complete plan to identify and eliminate inconsistencies that could undermine your intentions.
Life changes require estate plan updates. Marriages, divorces, births, deaths, relocations, and significant financial changes all trigger the need for review and potential revision.
We recommend reviewing estate plans every three to five years and after major life events. This periodic review catches outdated provisions before they cause problems.
Estate planning provides peace of mind knowing your family is protected and your wishes will be honored. The process requires thought and decision-making, but the result is worth the effort.
If you need to create an estate plan or update existing documents, contact our office to schedule a planning session. We’ll discuss your situation, explain your options, and develop a comprehensive plan that protects your family and accomplishes your goals.
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Ms. Katje earned her Juris Doctorate at California Western School of Law, San Diego, California, graduated Cum Laude and was a Dean’s Honor List recipient. She was also a recipient of the American Jurisprudence Award in Contracts I and Contracts II. Ms. Katje was a member of the Law Review and International Law Journal at California Western School Law, where she was an Associate Editor.
