Tuesday 21 February 2012

Will and Estate Planning Documents all Adults Should Prepare By Michael Spevack, Esq.

By Michael Spevack, Esq.


A will, power of attorney, health care proxy, living will, HIPAA release and organ donor card are essential documents that should be prepared for all adults living in the United States. A comprehensive estate plan that includes these documents is essential for all adults not just the super wealthy. Average individuals earning between $30,000 to $250,000 per year need these documents otherwise they are ill prepared for unforeseen changes in health or even their own death. The author is an attorney in New York City and will prepare these documents for a very reasonable fee.

A will provides for the distribution of property and if there are children, a will provides for a guardian who will take care of such children. A will is necessary so that the wishes of the individual, not the rote operation of state law, control the distribution of assets and provide for care of any children. There are many options available for those desiring to create a will including software and internet based choices. Other estate planning documents such as a power of attorney or health care proxy have fewer options but there are some available. The author, as a practicing attorney, believes it is far better for people to have any will, even one prepared by generic software which might not be truly tailored to the individual's needs, then to not have one.

However, it is far better for the average person or couple to use an attorney to prepare estate documents then to use generic software to do the job. An attorney prepared will can save a great deal of money and time after a person dies and his or her estate is probated (the legal process which ensues upon death and filing of a will in court).

In New York City, where the author practices law, it should cost around $600 for a basic set of documents for a married couple and less for an individual.

Many attorneys, such as the author, accept credit or debit cards and payment plans on such cards making an attorney drafted will and estate documents quite affordable.

The other essential documents which are necessary for a basic estate plan are as follows:

A power of attorney is a very important and powerful legal tool which is effective while the person granting such power is alive. A spouse or other trusted person can conduct transactions and estate gifting while you are unable to. It is very important to have an attorney prepare this document as in New York State there is an official form which is quite complicated and there are important legal considerations at play.

A health care proxy is a legal document which allows a person or persons of your choosing to make medical decisions for you when you are unable to do this for yourself.

A health care proxy is a legal document which allows a person or persons of your choosing to make medical decisions for you when you are unable to do this for yourself.

A HIPAA release and organ donor card are two documents which all adults should have prepared as part of a basic estate plan.

Be prepared for the future and protect yourself and your loved ones by preparing the essential estate planning documents discussed above. It is best to do so using a competent attorney.




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