Estate Planning for Families and Individuals in Southwest Missouri

Have you put your estate plan into place yet? This is an important question at any age and station in life.  If you have just started your career or a family, you may believe that wills and trusts are something you prepare years from now.  However, if you have children, you should strongly consider at least preparing a basic Last Will and Testament that discusses who you and/or your spouse would naminate as gaurdian of your children if you were not around.

If beginning your family or career was many years ago, or the kids are grown, you already know that these issues are important.  However, as is all too common, you may be putting it off.  And let's be honest - no one likes to think about these issues, so to a certian extent, we understand exactly why you have been procrastinating.  What if we could make the process simple, straightforward, and "painless"?   

Whether you are young or old, have a modest estate or substantial net worth, an effective estate plan can protect your estate and alleviate stress and anxiety for your loved ones. 

At the Piatchek Law Firm, LLC in Springfield, we work closely with individuals who need to formalize their wishes regarding the distribution of their property and the care of their minor children. We'll help you take care of these issues quickly, easily and cost-effectively. When you contact our offices, you can speak to an attorney, not to our staff. Contact us to set up a confidential consultation to discuss your Estate Planning, Wills, Trust, or Power of Attorney concerns.

Should I make a Will, or a Trust?

We hear this question everyday.  Let us start by saying that the best way to answer this question is in person, because it is a case by case type of question.  That being said, here is a very general answer: The less stuff you have, the less complex your estate plan is, the more likely a Simple Will would be sufficient; the more stuff you have, the more complex your situation, the more things you want to exert control over after you are gone, the more likely a Trust will make sense.

To Probate, or Not To Probate? 

Also, PROBATE is a big factor in this Will v. Trust decision.  Probate is what happens when someone passes away with assets still titled into their own name.  The assets that are still "stuck" in a deceased person's name, after their own death, must often go through probate.  The probate process is what is needed to get the property "unstuck" out of the name of the decedent, and into the name of their heirs.

A WILL DOES NOT AVOID PROBATE.  A WILL ACTUALLY DIRECTS THE PROBATE PROCESS.  A Will gives you the opportunity to name your Personal Representative (Executor), and your beneficiaries, but will not magically make the item not be in your name, after your death.  Only titling changes can keep things out of Probate.  Writing a Will does not retitle anything.   However, for example, if you were title those same items into the name of a Revocable Living Trust, the items would avoid Probate. 

Finally Stop "The Perpetual Put-Off" Today

How long have you been thinking about doing this, and simply not "got around to it"?  Why not just make the phone call or email right now?  You don't have to come in today, you don't have to come in tomorrow, or this week for that matter.  Perhaps the thought that "I just really have to get this done right now" is the exact type of thinking that causes you to put it off, as life seems to put other priorities in your way.  Perhaps you could just make the call, and simply commit to starting the process   The first meeting is typically free.

When you hire us to help you prepare and implement an estate plan, we will start the process by asking questions, so that we can fully understand the nature and complexity of your estate, as well as your specific goals. Next, we will fully explain the different estate planning strategies, including the use of dispositive documents such as wills and trusts, the re-titling of assets, and the lifetime gifting of property. In our analysis, we will focus on ways that help you distribute assets according to your wishes, and avoid probate, if desired.  We will do our very best to answer your questions so that you can make an informed decision.

Once you have decided on the approach that best meets your needs, we will prepare and execute all the documents required to establish and implement your estate plan, including:

• Simple Wills
• "Not So Simple" Wills
• Payable on death (POD) designations
• Revocable Living Trusts 
• Testamentary Trusts
• Irrevocable Trusts
• Special needs trusts
• Financial powers of attorney
• Health care powers of attorney
• Living wills and health care directives

We also handle a range of elder law issues, including Medicaid planning, long-term care planning, and the preservation and protection of assets in nursing home or convalescent care situations.

Contact a Springfield, Missouri

Estate Planning & Asset Protection Attorney

For caring and compassionate legal representation, contact our offices to arrange a confidential consultation.  Evening and weekend appointments are available.   Upon request, we can also arrange a home visit if you are unable to travel to our offices.