Our Estate Planning Services
Silverman Law Office, PLLC helps families and individuals with their comprehensive estate planning needs. Our services include the following:
Last Wills and Testaments
A will is the foundation of most estate plans. It outlines your estate’s property, identifies your heirs, and names an executor (who will distribute your property and manage your estate). If you have minor children, it should also name a guardian for them. However, a will isn’t always the best estate planning option. In most circumstances, a will requires you to open an estate in probate court. This process can be expensive and time-intensive. An experienced Montana estate planning lawyer can help you understand if drafting a will is in your best interest.
Trusts
Trusts aren’t just for the ultra-wealthy. In fact, a living trust can help your loved ones avoid probate court and minimize their estate tax obligations. In a trust, you transfer property to a trustee, who manages the property on behalf of your named beneficiaries. Trusts can also help direct assets to charities you support or protect a disabled loved one after your death. To learn more about the diverse trust options that might meet your long-term goals, contact a Montana estate planning attorney at Silverman Law Office, PLLC.
Durable Powers of Attorney
Your estate plan shouldn’t just address your property and assets. Instead, it can also help guide your end-of-life care and protect your personal interests. A durable power of attorney is a vital part of any estate plan. If you become incapacitated, a durable power of attorney authorizes a trusted loved one to make important decisions on your behalf. Depending on your circumstances, you might appoint different people to make health care, business, and financial decisions for you.
Advanced Health Care Directives
Advanced health care directives authorize and guide a loved one through your end-of-life medical decisions (if you cannot make them yourself). Many people have strong opinions about end-of-life care. You might not want to go on life support or undergo a risky surgery simply to prolong your life for a short time. Your health care directives will also permit a trusted loved one to access your medical information and speak with your physicians. This is something that federal privacy laws would otherwise prohibit.
Medicaid Planning
Medicaid planning is often a major concern. We help you analyze your specific situation to ensure that your estate plan is not upset by the need to cover long-term health and care needs.
Probate and Opening an Estate
Did someone recently name you an executor of a will? After the loss of a loved one, the last thing on your mind might be opening an estate in probate court. Rather than struggle with the paperwork and complicated process of opening an estate and distributing its property, consider hiring an experienced Montana estate planning attorney. An attorney can help you with the following:
- Identifying all of the estate’s property
- Opening an estate in probate court
- Filing the required notices to creditors and potential heirs
- Paying the estate’s debts and taxes
- Distributing assets and personal property to their heirs
- Properly closing the estate
An estate planning attorney can also help you distribute property under our state’s intestacy laws. State intestacy laws apply when there isn’t a will. Or we can help you navigate a will contest.
Our caring probate attorneys work closely with personal representatives to make sure that the probate process is handled efficiently for both you and your family. The probate process can be complicated by a business ownership, liquor and gaming license, or special needs. We explain the process, including how to wade through the legal morass. We do this so you can concentrate on what’s most important, your family.
Schedule an Appointment With Our Estate Planning Attorneys
Our team approach to creating the best estate plan possible will maximize your goals, and our tax planning attorneys seek to minimize or potentially eliminate any tax the government may seek from your estate. We take pride in our personal touch while helping you meet your family’s needs for the short and long term. And we do this without charging excessive fees.
If you’re looking for an estate planning attorney who is client-centered and detail-oriented, contact the Silverman Law Office for a consultation. We believe that our clients benefit from long-term relationships with a Montana estate planning lawyer that focuses on your goals and unique needs. We look forward to speaking with you about our personalized approach to estate planning!
Estate Planning FAQs
Welcome to Silverman Law Office, PLLC, your trusted source for estate planning guidance and support. We understand that estate planning can seem overwhelming, but our experienced estate planning lawyers have been working with our firm since May of 2012 to provide clarity and peace of mind. Below, we’ve compiled answers to some frequently asked questions about estate planning to help you better understand the importance of having a comprehensive estate plan in place.
What Happens If I Die Without An Estate Plan?
If you pass away without an estate plan, your assets will be distributed according to the laws of intestacy in your state. This means that the court will determine how your property is divided among your heirs, which may not align with your wishes. Additionally, the probate process can be lengthy and costly, and your loved ones may face unnecessary stress and confusion during an already difficult time. This can also cause disagreements between family members who do not agree with the court’s distribution of assets.
How Often Should I Update My Estate Plan?
It’s essential to review and update your estate plan regularly, especially after significant life events such as marriage, divorce, the birth of a child, or the acquisition of new assets. Changes in your family or financial circumstances may necessitate updates to your estate plan to ensure that it continues to reflect your wishes and goals. However, you can often do it as much or as little as you want, although lawyers will tell you to update it with any major life change.
Who Should I Choose As My Executor Or Trustee?
Your executor (if you have a will) or trustee (if you have a trust) plays a crucial role in administering your estate after your death. It’s essential to choose someone you trust to carry out your wishes and handle your affairs responsibly. Consider factors such as integrity, organizational skills, and willingness to serve when selecting your executor or trustee.
Can I Include Digital Assets In My Estate Plan?
Yes, you can and should include digital assets in your estate plan. Digital assets may include online accounts, cryptocurrencies, digital media, and more; another example of digital assets might even include intellectual property. It’s essential to create a comprehensive inventory of your digital assets and designate instructions for how they should be managed or distributed after your death. Our estate planning lawyers can help you navigate the complexities of including digital assets in your estate plan.
How Can I Minimize Estate Taxes For My Heirs?
There are several strategies available to minimize estate taxes and maximize the amount of wealth you pass on to your heirs. These may include establishing trusts, gifting assets during your lifetime, and taking advantage of tax-efficient estate planning tools. Our estate planning lawyers can work with you to develop a personalized estate plan that minimizes tax liabilities and protects your assets for future generations.
At Silverman Law Office, PLLC, we are dedicated to helping you achieve your estate planning goals and protect your legacy for generations to come. Whether you’re just starting the estate planning process or need to update an existing plan, our lawyers are here to guide you every step of the way. Contact us today to schedule a consultation and take the first step toward securing your family’s future.
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