Estate Planning Lawyer Havre, MT

If you’re thinking about meeting with a reputable Havre, MT estate planning lawyer to discuss either crafting an estate plan or updating existing documents, you deserve a sincere pat on the back. Less than half of all American adults have an estate plan in place, despite the fact that everyone is at risk of unexpectedly passing away or becoming incapacitated by injury or illness without warning. By taking the steps to ensure that your loved ones understand how you want your affairs to be managed in either of these scenarios, you are ahead of the curve and making a truly loving effort.

If you haven’t already scheduled a consultation with Silverman Law Office, PLLC, consider doing so today. Our team can assist you with all of your estate planning needs, whether you already have some documents in place or you’re new to the estate planning process. We will treat your needs and priorities as the unique challenges that they are. You’ll never be made to feel like you’re “just another client” to us.

Estate Planning Lawyer – Havre, MT

Estate planning involves more than simply executing a clear, comprehensive, and legally-enforceable will. From advance healthcare directives to guardianship designations, naming a power of attorney to setting up trusts, our firm understands the ins and outs of comprehensive estate planning. We tailor our efforts to the unique needs of each client so that they can feel justifiably confident that their affairs are in order.

Why All Adults Need an Updated Estate Plan in Place

All too often, individuals wait to speak with our Havre estate planning lawyer team until they’ve experienced a major life event that brings their mortality to the forefront of their mind. While this is understandable, it is also important to know that every legally independent adult is in need of an estate plan. Whether you’re 18 or 98, this means you.

Estate planning is critical because once someone reaches adulthood there, their parents are no longer empowered to make legal decisions on their behalf as a matter of course. Instead, each adult must clearly outline how they want their affairs to be managed in the event of death or incapacitation. Absent these efforts, their affairs will be managed according to state law. Few people want to have the state manage their lives. It is reasonable to think that most wouldn’t want the state managing their affairs after their incapacitation or death either.

Additional Estate Planning Tools

A Havre, MT estate planning lawyer helps clients choose the best estate planning tools for their situation, understanding just how important these decisions can be. Although most people are aware of wills and trusts, there are several other tools that can be very beneficial, but that clients may not be aware of. The following is a brief overview.

Power of Attorney

Not all estate planning tools deal with issues when the client has died. There are some tools that are utilized when the client is still alive. Power of attorneys are a crucial tool that everyone should consider having in their estate plans. Power of attorneys are used if the client should become incapacitated or too ill to make decisions on their own.
A general power of attorney addresses the client’s financial issues that may need to be addressed. Should the client become incapacitated, the person they have designated as power of attorney will be able to pay their bills, collect rent if there are rental properties, and any other financial issues that need attention.
There is also a health care power of attorney. This is the person a client can designate and is in charge of making all of the final decisions regarding the client’s medical care should the client no longer be able to. The health care power of attorney is also referred to as a health care proxy.

Living Will

And speaking of medical care, in addition to a health care power of attorney, it is also important to have a living will that addresses specific details about what your wishes are regarding any life-sustaining procedures or treatments. Although your healthcare power of attorney should know this information and adhere to your wishes, having a living will in place ensures that everyone involved – including medical providers – is all on the same page.
In most cases, a client chooses a loved one to be their health care power of attorney and it is not uncommon – and quite understandable – for that person to want doctors to do all they can to save the client, even if these extraordinary measures go against the client’s wishes. Having a living will in place avoids these situations.

Pour-Over Clause

Many of the clients a Havre estate planning lawyer works with set up separate trusts prior to their passing. But there are situations that could arise that assets the client would want in a trust have not been placed in the trust before they died. Or maybe these assets accumulated after the client made their will.
These situations are when a pour-over clause in the client’s will can be beneficial. A pour-over clause states that any assets not addressed in the will should be placed in a trust the client has set up. This prevents these assets from becoming part of the estate that 1.) will now have to go through the probate process and 2.) be distributed to heirs the client would not have chosen.

Legal Assistance Is Available

Having a comprehensive estate plan in place will help to ensure that your wishes are honored in the event that you become incapacitated or pass away. The dedicated legal team at Silverman Law Office, PLLC has extensive experience assisting adults of all ages – who are navigating all manner of circumstances – with their estate planning needs. It is our honor and privilege to be of service in this way. Call today or reach out online to connect with a knowledgeable Havre estate planning lawyer at our firm. We look forward to speaking with you.