Incapacity

Common Misconceptions About Estate Planning

Unclear on what estate planning is, when you need estate planning or the benefits of estate planning for you and your family?  Below are some common misconceptions about estate planning that I hope to resolve when meeting with a potential client for a consultation.

  • Estate planning is just for the wealthy
  • Estate planning is only for the elderly
  • Estate planning is costly
  • Estate planning is not necessary if you don't own real estate or have kids
  • Estate plans never need to be amended
  • It is easier to let your loved ones deal with probate instead of planning in advance 
  • You are married so you don't need to nominate anyone to act for you in the event of incapacity
  • Your wishes regarding health care decisions are known by your family so they don't need to be written down
  • There are ways to leave real property to beneficiaries without having a living trust

During a complimentary in person consultation, I like to discuss a perspective client's particular situation and clear up any confusion regarding any, and all, of these common estate planning misconceptions.  My goal is to give a perspective client an outline for what they need, always tailored to their situation, and the knowledge of why estate planning is important.  

Please email us at heathermillerlaw@gmail.com or call (424) 571-2614 to schedule a complimentary consultation.  I look forward to meeting with you in my convenient Torrance, CA office. 

Correctly Plan For Incapacity

Did you know each estate planning document serves a different purpose?  While an attorney may draw up multiple documents for you, they all contain different language and serve different purposes. 

Recently, I saw a will that included incapacity provisions.  A will is not the correct place for incapacity provisions. Here's why:  If you are incapacitated you are still alive.  Incapacity provisions need to be included in a document that is effective while you are living.  A will is only effective after you pass away. Thus, if your incapacity provisions are in a will they have no effect and don't serve any purpose. 

Instead,  make sure you have stand alone documents (a durable power of attorney, an advanced health care directive, and a hipaa form) that provide access and information to your loved ones in the event of incapacitation.

Review your documents every one to two years.  If you have any concerns that your documents might need revision to adequately protect you, give the Law Office of Heather Miller a call.  We would love to sit down with you, review your documents and give you peace of mind.