Having an estate plan in place when you become incapacitated or die is one
of the most thoughtful things you can do for your loved ones. Though often
overlooked or put off in favor of more immediate concerns, a comprehensive
estate plan can resolve many legal problems and questions that arise.
While nobody wants to think about death, incapacity, or disability, proper
estate planning puts you in charge of your finances and everything you
worked for your whole life. You can spare your family and friends the
expense and frustration associated with managing your health care and
finances, or passing away, by having Steve Avery help you create your
will, revocable trust, irrevocable trust, medical power of attorney, durable power of attorney for assets, and any other documents you may need for your situation.
Estate planning is not just about money. Estate planning is the responsible
way of protecting you and your family. Regardless of your age, or the size
and complexity of your estate, attorney Steve Avery can help you through
every step of the process.
When someone dies, a probate may be necessary. Probate is a judicial
proceeding that empowers a person to manage a decedent’s assets. A probate
is not always necessary when a person passes away. Attorney Steve Avery can help you determine if probate is necessary or not. If probate is necessary, we
assist clients with every aspect of the probate process, including the
initial filing to commence the probate, dealing with any creditors of the
estate, and distribution of the decedent's assets.
A revocable living trust is an estate planning tool used to distribute your estate. A great benefit of a revocable living trust is that it can avoid probate when a person passes away. Attorney Steve Avery can help you create a revocable living trust to plan for the distribution of your estate and avoid probate.
A special needs trust is an irrevocable trust in which assets are sheltered to allow the disabled beneficiary to remain eligible for government benefits such as Supplemental Security Income (SSI) and Medicaid. Assets in the form of future inheritance, personal injury litigation settlements, or the disabled beneficiary’s own assets, are examples of assets that can be held in a special needs trust. For example, if Joe and Suzie have a daughter with Autism, Joe and Suzie should create a special needs trust so that some day when they pass away, their daughter’s inheritance will be placed in the special needs trust, rather than pass directly to their daughter. Otherwise, their daughter will become ineligible for government benefits when she inherits her parents’ estate. Attorney Steve Avery can help you create special needs trust of all types, as well as providing continuing advice on their administration.
Long Term Care and Asset Preservation
The cost of long term care continues to rise and can quickly deplete assets. We assist clients in considering all available options to finance long term care and preserve assets. We also consult with clients to help them determine if they are eligible for any government assistance, such as Medicaid.
Some probates and guardianships are contested and the parties cannot resolve their dispute on their own. Mediation is often helpful at resolving the dispute, without spending the time and money involved in a court battle. Steve Avery serves as a mediator to help resolve difficult probate and guardianship disputes.