10 Tips to Find an Elder Law Attorney You Can Trust

There are people in this world that will take advantage of anyone for their own gain. They target people unable to care for themselves or that suffer dementia.

1 out of 10 older people experience a form of abuse. This problem does not stop at law offices.

Lawyers know the intricacy of the law. They can use that for good, but some use it to manipulate.

Do not let a shifty lawyer take advantage of your parent or older loved one. These are 10 tips on how to find an elder law attorney you can trust. 

Ask Friends and Family

Asking family and friends for lawyer recommendations is the place to start. These are the people that have your best interests in mind. Their opinion and reviews will be honest and helpful.

How to Find An Elder Law Attorney Online

A lot of law firms are connected digitally now. They will have websites of their own. These firms will have peer reviews of their offices. 

Check sites, like Google Review or Yelp, to get a feel for a law firm. 

You can also check out Findlaw.com or NOLO.com. Both of these sites will allow you to put in your location and choose what specialty you are looking for in a law firm. You will also be able to read reviews and directly contact the law firm.


The National Academy of Elder Law Attorneys (NAELA) is an archive of lawyers that practice elder law. This committee only accepts bar-certified lawyers into their club. 

First Impressions Matter

Attorney services, much like cars, should not be purchased without a test-drive. This test-drive is a consultation. Many attorneys offer free consultations. This is your chance to take ‘er for a spin. 

Can this lawyer match your needs? How is their personality? This is an important choice; do not drive off the lot with any lawyer.

Are They Professional?

How timely are they? Are they punctual or slow on the draw? Test them.

If you are corresponding through email, they should respond within a day’s time. If you are meeting them for consultation, is the meeting on time or delayed? How do they present themselves during the interview?

Being attentive, punctual, well-dressed, and intelligible are the marks of a professional. Assess your lawyer on these, as well as their credentials. 

Do You Get Along?

You are going to be spending a lot of time with this individual. It is important to like the person you are with. 

Clashing personalities and butting heads are a detriment to winning cases. There needs to be camaraderie.

Diligent Note-Taking

There is a lot to be said and heard when talking with a lawyer. It is difficult to process everything in the moment, especially if you are not used to law jargon. 

Write down everything you can. Take notes of what they are saying, and then figure out what they mean later. They could be two different things. 

A truth-worthy lawyer will be concise. And they will not give you the run-around.


Check if the lawyer is still a practicing lawyer. Some people lose their Bar status from malpractice or other scrupulous reasons. 

Each state has a State Bar Association. Here is Washington state’s. Search by their name. The website will reveal any past disciplinary actions against the attorney. You should avoid these guys. 

Experience Matters

Find an attorney that has helped others with similar issues. Make sure your lawyer has experience in every matter or concern. They need to have set a good precedent. 

1What Is it Gonna Cost? 

It is ok to ask this!  Getting your estate managed, 

Court Is In Session! 

Lawyers can be untrustworthy. And unlike common criminals, they will have an intimate knowledge of the law.

How to find an elder law attorney that you can trust is difficult. 

You should get referrals from friends and family and peers. Make sure they are practicing, recognized with NAELA, and are professional. Also, find a lawyer that matches your needs and your personality.

If you need any other law guidance, please reach out!

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5 Hacks for Setting Up a Living Will and Trust

Age is a slippery slope. The older you get, the more dependent you are on others. At some point, you cannot depend on yourself at all. 

Around 60-years-old, there is a 7% chance you will suffer from dementia. Two decades later, and it is more likely you will have dementia than you will not. By then, your decision-making is not trustworthy. 

Let your younger-self plan for future-you. Take the time now to decide what will happen to you and your property if the worst happens. 

These are 5 hacks to devising a will and trust.

Distinctions Between A Will and Trust

Legal jargon’s a little confusing. Layman’s terms can cause erroneous interchanging of the two meanings. A living trust and a living will are two, very separate things.

A lawyer can modify these documents when the person is able-bodied and right of mind. The ownership of these agreements transfers to the executor if either condition is not met.

A living trust documents the disbursement of your property after passing. A succeeding trustee will allocate your estate to your named beneficiaries. 

A living will deals with your health if you have been incapacitated. If you would like to be kept on support or not when you are unable to function for yourself. 

List Your Assets

Make a list of everything you own that has value: sentimental or capital. This a catalog of your assets. 

When devising your living trust, it is important to have an estimation of everything you own. Creating a trust will be easy when you can reduce this to a quantifiable number. Think of your house, your car, and everything included as your estate.

Most Americans will have around $300,000 worth of property to disperse. If your number is coming up short or high, try recalculating it. 

Your trustee will disperse your estate evenly (or how you deem fit) to your beneficiaries. 

Picking Your Beneficiaries

This part can be tough. It might be the toughest part for you. 

You have to choose who gets what when you are gone. This step is entirely dependent on your relationship with your loved ones. 

You might not have a family that you can give an estate to. Or you have a family undeserving of your property. It is yours to do what you wish; you can even donate it to charity. 

Pick who you think best deserves what you have earned in life. 

Find A Trustee You Can Trust

It is all in the name, “trustee.” Who do you trust to allocate your estate or make a life-or-death decision? 

Usually family. Most family members have nothing but loving intentions for you. 

If you do not have that, pick a trustee you can depend on. This person will decide your fate when you are gone physically or mentally. 

How to Write It

Writing a trust or a will depends on your wealth. If you are of moderate means, creating a will yourself is acceptable. But those with heavy wallets and lots of assets should hire an estate lawyer. 

Devising a will or a trust can be done through online software. Get the help of a loved one if you are uncomfortable with computers. 

A forewarning: doing either agreement incorrectly can devastate your beneficiaries. For those who err on the side of caution, it is recommended to get a lawyer regardless of your estate’s size. 

Take Care (of Yourself and Family) 

Everybody ages, everybody dies. What you do beforehand is important.

Know the distinction between a living will and a living trust. A will is health-related; a trust is for dispersing property. Make a list of your assets and decide a trustee to disperse them to beneficiaries.

You can create a will and trust yourself, but it is advised to do it with the help of a lawyer. 

Contact us if you have any other legal questions about estate planning or wills.

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What Is Estate Planning? Here Is a Brief but Informative Explanation

Do you think that estate planning is only necessary for the ultra-wealthy? Do you question if you even have an estate

While most of us do not like thinking about the worst-case scenario, having a plan can provide invaluable peace of mind for both you and your loved ones.

If you are asking yourself, what is estate planning, it is essential to know that it is probably something you need to consider for your family.

Let’s get into what you need to know.

What Is Estate Planning?

Estate planning refers to preparing for end-of-life issues including what happens after your death. Depending on your individual circumstances, estate planning may be complex, and mistakes can result in serious financial issues.

It is always recommended to consult with an estate planning attorney. Coordinating with a professional will ensure that you have your needs met—and that everything is taken care of legally. 

Everyone Needs Estate Planning

No, you do not need to be retired or rich to qualify. In fact, these common misconceptions prevent most people from planning appropriately. As a result, if something happens to them, their family becomes suddenly responsible for handling the mess. 

If you do not have a set plan, the state takes over what happens to you and your assets. If your name is on the title of your assets and you become disabled, a court appointee must sign for you. That means that the court—not you or your loved ones—owns control over delegating your assets. 

If you die without estate planning, state probate laws distribute your assets. Unfortunately, you may not want what the state has in mind. 

You have worked hard for your money and assets. With estate planning, you maintain the control of who receives what and when. Furthermore, if you have young children, you determine who raises them if you cannot.

The Difference Between Wills and Trusts

A will outlines your instructions upon your death. However, any assets in your name still need to pass through your state’s probate before being delegated to your heirs. That said, this can be a lengthy and expensive process.

Revocable living trusts, on the other hand, avoid probate at death. Your assets remain in your trust, and you designate the trustee to maintain the accounts. 

While setting up a trust may be more expensive and time-consuming than setting up a will, it pays for itself in the long run.

The Best Time To Plan Is Now

Of course, it is not necessarily fun to think about your own death. If you are young, it may seem morbid to think about something that may be decades away.

That said, none of us can predict the future entirely. We never know what tomorrow will bring. Estate planning avoids you or your family from being caught completely off-guard if the inevitable happens.

Final Thoughts 

What is estate planning? It is a process that supports both you and your family. It is a method that allows you to safeguard your assets and protect them for future generations.

At Lilac City Law, we specialize in legacy and estate. Contact us today to get started! 

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Estate Planning vs Will: What Is the Difference? Which Should I Consider?

Did you know that more than 50% of Americans do not have an estate plan or will in place? 

Many people wonder if they need estate planning if they are young or do not own much.

Read on as we answer that question and look at the differences between estate planning vs. wills.

What Is a Will? 

A will is a legal document that outlines your wishes regarding the distribution of property when you die.

A will can also include instructions regarding the care of children that are minors.

If you have a family or assets of any kind (a house, car, investments, furniture), you should make a will.

What Is an Estate Plan?

An estate is something everyone has. It is not just for the wealthy.

An estate is everything you own: real estate, the funds in your accounts, life insurance policies, personal possessions like family albums and fine china.

Rich or poor, when you die, you cannot take your estate with you. If you have a will, it outlines who inherits your estate when you die.

But An estate plan goes much further than a will. The foundation of an estate plan has three parts: a will, an Enduring or Durable Power of Attorney, and a Personal Directive.

Enduring or Durable Power of Attorney

An enduring or durable power of attorney protects the management of your affairs. This document gives someone you appoint the ability to control your finances if you become mentally incapable of doing so.

But, if you do not have an Enduring or Durable Power of Attorney, your family cannot manage your affairs. 

Personal Directive

A Personal Directive is sometimes called a living will. It allows a person you appoint to make decisions about your health care and personal needs if you cannot make those decisions yourself.

Without this document, your loved ones have no say about where you live, how you live or even about end of life care.

Minimize Your Income Taxes at Death

A lot of people wonder if they need an estate plan if their estate is modest. The fact is that those the people that need an estate plan more than anyone.

When you die, the government looks at all your assets and calculates taxes on your estate. This can be a hefty bill for your surviving family members to have to bear.

But, having an estate plan allows you to transfer ownership of your property. This reduces the taxes your loved one will have to pay.

Having an estate plan helps your family keep more of your modest estate than they would otherwise.

Estate Planning vs Will

As you can see, you do not need to choose between estate planning vs a will. Both are essential pieces in giving you peace of mind.

With proper estate planning, you can rest assured that your property and your care will be handled just as you wish.

It’s important to understand that estate planning is not a one-time document you sign and never look at again.

Your estate plan needs to be reviewed any time your family or financial situation changes.

Contact us at Lilac City Law to schedule a consultation. 

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Living Trusts for Beginners: What is a Living Trust?

What happens when we die? Or when we are still alive but unable to make decisions for ourselves?

This question is not about religion or spirituality – we are talking about pure practicality.

If either of these situations happens and you are not prepared, then your loved ones have to foot the bill and jump through legal hoops.

If you do not want to put that sort of (additional) stress on your loved ones in their time of grief, you can prepare these documents beforehand.

Here is what you need to know about estate planning.

What Is a Living Trust vs. a Will?

A lot of people get confused when it comes to the differences between a living trust and a will.

A living trust is a document that gives directives and transfers ownership of your assets to designated beneficiaries.

Your living trust can help skip the drawn-out probate process while also giving a trusted family member or friend permission to make certain estate related decisions on your behalf if you cannot make them yourself. 

On the other hand, a last will and testament is only valid once the medical examiner has provided a certificate of death. In short, the person that is the subject of the will, dies. After death, the will dictates what should occur with the deceased’s estate. Though any contention, or items not addressed, may be contested in probate.

You can imagine, dying without a will, or with a poorly drafted will is a big pain for those who survive you, especially since they will have to jump through hoops while they are still grieving your loss.

Moreover, it is expensive to die without these documents in place. Your survivors will have to pay the legal fees involved in probate, and they may disagree over your asset distribution, which could create years of legal issues.

What Does a Living Trust Do?

A living trust gives instructions on what to do if you are unable to make decisions for yourself. It is not a medical directive – though you may write that the same time as you write your trust.

Living trusts are more about asset management and legal ownership rights.

For example, if your loved one does not have the right to make decisions on behalf of your business, it could create havoc if you become incapacitated. Addressing this in your living trust can be a way to bridge ownership and keep the “lights on.”

Types of Living Trusts

There are two main types of a living trust, one more complex than the other.

Revocable Living Trust:

If you are still young and you do not expect to go any time soon, you can make a revocable living trust. In this trust, you put your assets in the trusts name.

You are a manager of the trust, so to speak, and whoever is appointed will get management rights if you are incapacitated.

If that person upsets you or proves that they are not responsible, you can revoke their rights to access the trust and make financial decisions on your behalf.

Irrevocable Living Trust

On the other hand, an irrevocable living trust is permanent. You write your assets into the trust, and they stop being part of your estate – they are now owned within the trust.

That trust is “owned” by whomever you designate – like grandkids or children.

Irrevocable living trusts are rare since they involve you signing away your rights to that asset. But in some circumstances, like advanced chronic illnesses, they make financial and tax planning sense.

Living Trusts: How to Create Them

Now that you know what living trusts are, it is your turn to take action. Contact Lilac City Law today, and we will assist you with all your estate planning needs & questions.

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Revocable vs Irrevocable Trusts: What You Need to Know

As you move into the latter stages of life, you want to know where your resources will end up when you pass away.

Setting up a trust is an extremely common way to do this, and it can help ensure that your life’s savings will end up in the right hands.

Here are a couple of types of trusts you should know about, revocable and irrevocable trusts.

Revocable Trusts

A revocable trust is one that is changeable after it is made. Being able to change a provision or two in your trust might be a good option if you have any serious relational issues with your beneficiaries. 

Additionally, you can decide to entirely rework the trust if you find that its provisions are not the way you would like them to be later in life. A large positive for people who choose a revocable trust is that you can adjust if your mental health suffers in old age. 

This is a concern for many people. If you have a specific illness already, or your family has a history of mental decline in old age, you may want to consider a revocable trust. That way, you can pass your assets on to a trusted beneficiary when the time comes.

Finally, revocable trusts do not require probate. Probate is essentially the process of bringing your beneficiaries to court and verifying the dispersion of your estate. If you would rather not put your beneficiaries through those legal proceedings, a revocable trust will not force you to. 

Irrevocable Trust

An irrevocable trust is one that is not changeable after it is made. So, once the grantor has finalized the paperwork, you cannot change it.

That means forever, so make sure to choose wisely. There are a few ways that people use irrevocable trusts in order to benefit themselves in other ways. 

One of those ways is an estate tax reduction. Removing the value of your property from your estate by issuing an irrevocable trust can help your beneficiaries avoid paying taxes on property when you pass. 

Additionally, placing assets into an irrevocable trust essentially sets them aside from the hands of creditors and the like. In this way, your assets are still passed down to your family when you pass and they are not liable to be used in any way other than is listed in the trust. 

This is because, in a sense, one gives up ownership of assets when they place them into a trust. Those assets are held unconditionally until the grantor passes, at which time those assets will be granted to the beneficiary.

Want to Learn More about Revocable vs Irrevocable Trusts?

Understanding revocable vs irrevocable trusts is essential if you plan to use one of them in securing your assets. There is a lot more to learn that is not listed in this article, though. 

Visit our site to learn more about planning for your estate. 

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Estate Planning Essentials: Types of Trusts and When to Use Them

Most people do not have a clear understanding of the different types of trusts and how they can affect your estate when you pass.

It is important to get some fundamental knowledge of trusts before you start making decisions about where your assets will go.

We are going to give a rundown of the four essential types of trusts and when you should choose them for your estate.

Understanding Types of Trusts

There are four primary types of trusts that we will cover here: living trusts, testamentary trusts, revocable trusts, and irrevocable trusts.

A trust can hold two of those titles, as living and testamentary trusts refer to the state of the trust once it is created, and the accessibility of the trust applies to the other terms.

Living Trusts

Living trusts are those that become effective immediately after being created. 

That does not mean that the beneficiary will have access to those assets, though. The accessibility of those assets will be laid out in the terms of the trust. 

One perk of living trusts is that they do not require probate when they are dispersed.

Testamentary Trusts

Testamentary trusts are not effective until the grantor dies. These trusts are typically created in conjunction with wills. This poses issues of privacy, as wills are public documents.

They are relatively easy to set up in comparison to living wills because they are created at the same time as a trust and exist within that context. 

Additionally, testamentary trusts give you the ability to make adjustments. While adjusting a trust or a will can be costly and difficult, there may be a chance to do so.

Revocable Trusts

Revocable trusts are those that have the ability to be amended and changed before the grantor dies.

People often take the option of revocable trusts in order to make adjustments, should their mental health decline in old age. Additionally, if any life changes occur that affect one’s decision to name individuals in their trust, they will be able to make those changes.

Irrevocable Trusts

Irrevocable trusts are unable to be changed after they are in place. So, once the paperwork is done, the assets are in the hands of the beneficiary and cannot be accessed until the grantor’s death. 

That rule is unflinching in most cases. Despite one’s best efforts, the chances of changing an irrevocable trust are minimal at best. There are some good reasons to choose this kind of trust, though. 

These reasons are primarily tax-related. You can significantly reduce estate taxes by using an irrevocable trust.

Interested in Learning More?

There is more specific information available on the different types of trusts. It is important that you do more research before you make a decision. 

If you are interested in finding more of that information and making a confident decision, visit our site to learn more. You can also contact us if you are ready to start discussing estate planning services. 

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How Did I Miss That? 5 Common Mistakes When Writing a Will

Despite the importance of estate planning, a majority of Americans seem to neglect it. In fact, 60% of American adults do not have a will.

Having more than enough to worry about already, many people do not want to add their mortality to their list of concerns. But writing a will can help you take good care of those you love, protect your assets, and prevent future disputes.

But just creating a will is not enough. You need to take the necessary measures to avoid common pitfalls that make your will legally sound.

Avoid these five common mistakes when writing a will.

Only Planning for the End of Life

A legal will should not just cover what will happen when you die. It should also articulate what should happen while you are still living.

To achieve this, you will need to create a living will as well as the last will and testament form.

The living will outlines your health care wishes while you are still alive. The last will and testament form gives your directives on estate inheritance after your death.

When drafting a living will remember to include advance directives.

Failing to Update Your Will

Making a will is not something you do once and forget about it. You need to update your will according to significant life changes.

Failure to do this can result in unintended inheritances and gifts, leaving your estate in a big mess.

Ignoring the Law

Each state has different legal requirements for creating a will. So before writing your will, familiarize yourself with your state’s stipulations for creating one.

Specifically, find out your state’s restrictions and requirements on matters such as; the number of witnesses required, selection criteria for witnesses, age, and notarization.

Failing to Name an Executor

An executor is a person responsible for ensuring that your will is followed to the letter. In your will, you should include the name of this individual/entity.

But before you select an executor, it is essential to get their permission. This is not something you would want to be a surprise.

Additionally, consider selecting a second executor. In case the first executor is unable to carry out their duties for whatsoever reason; the second executor will fill in.

Including Burial Wishes in the Will

Including your burial instructions in your will is not ideal, as wills are typically read several weeks after the funeral. As such, your burial instructions might be read too late, and this can leave your loved ones stressing about not observing your last wish.

To avoid this, write your burial instructions in a separate letter and tell your family where to find it.

Who to Trust When Writing a Will

Considering these potential pitfalls, writing a will can be a little bit tricky without a helping hand.

If you do not know how to write a will, Lilac City Law is here to help. We take our time to get to know you, your goals, and circumstances. This way, we can help you protect your assets better and secure the future of your loved ones.

Whether you want to create a will or maximize the effectiveness of the one you have already created, our experts will ensure that your last wishes are fully observed.

Contact us today to get started!

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Not a DIY Job: Why You Need an Attorney to Write a Will

About 60% of Americans do not have a will or a living trust.

Granted, thinking and planning for the end of life is not something anyone would be enthusiastic about. So, while most people know they should, they wait until later to write a will.

Unfortunately, the decision at most times is put off until it is too late. In fact, 55% of Americans die without ever having had a will.

Why Do You Need a Will?

If you pass away or become incapacitated without writing an enforceable will, your loved ones might be tied in the legal system battling for your property long after you are gone.

It also means that how you want your property divided or your remains disposed of is left in the hands of other people.

To avoid this, it is best to draw up a will as early on as possible and revisit it as necessary.

DIY vs. Legal Expert to Write a Will

First things first; do you need to pay a lawyer to draw up your will, or can you DIY?

The internet is awash with how to do wills, complete with templates, and so on. So yes, it is possible to do your own will. The most important question is this: should you?

And if you do, will it be valid and enforceable in a court of law? Hiring a lawyer ensures that what you want is captured accurately because you will not be there to speak for yourself.

Here are three top reasons why you should let your attorney oversee this process.

1. Will vs. Estate Planning

A will is easy to DIY. However, hiring an estate planning lawyer to advise and oversee your estate planning is indispensable.

An estate plan is a detailed document that prepares for your death or disability.

This document will encompass your will, healthcare power of attorney document, financial power of attorney, and disposal of your final remains, among other things.

2. Legal Terms Can Be Your Undoing

You want your will to be interpreted exactly as you thought it out in your head. However, the words and phrasing you use can later be misinterpreted—intentionally or unintentionally.

Further, the various governing bodies and state regulations are fluid and are not easy to understand and keep up with.

However, this is an attorney’s job, so they are well-versed with phrasing, legal terms, and new regulations. When you bring a lawyer on board to handle your will, you are giving yourself the best chances of your will being enforced the way you want it.

3. Objectivity

A lawyer functions as a neutral party when drawing up a will. It is not uncommon for people to rush into doing a will after major fallouts where the main aim is to disinherit someone.

In such cases, your attorney can be objective and advise on this.

They are also able to look into the future outcomes of the decisions you make now. For example, an attorney can advise how to hold money or place it in a trust until the beneficiaries fulfill specific requirements.

They can also advise on who the executors should be so that, again, your wishes are honored after your passing.

The Verdict

All in all, you want not only to have your last wishes fulfilled, but you also want your family to have a sense of normalcy as soon as possible after your passing. When you write a will, this is achievable.

Would you like to talk to someone about drafting or amending an existing will? Contact us, and we will be happy to hold your hand through the process.

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You Asked, We Answered! 4 Common Questions About Estate Planning

When you think about estate planning, what do you think of first?

Probably death and older people.

While estate planning is not the most exciting thing to think about, it is necessary to make sure your children and family members are taken care of and your assets get distributed according to your wishes.

Do not get overwhelmed by the estate planning process. Do your research and hire a reputable estate planning attorney to walk you through the process.

This article will get your research started with 5 of the most common estate planning questions.

1. Who Needs Estate Planning?

Your estate consists of all of your assets at the time of your death. Assets could include real estate, cash, personal property, IRAs or other retirement accounts, investments, and life insurance plans, among others.

Anyone who has any assets needs estate planning, not just the wealthy as many people believe. If you want to make sure your estate gets distributed according to your wishes, you need estate planning.

Estate planning can also help avoid large inheritance taxes and set up financial assistance for one of your beneficiaries who may need guidance in managing their inheritance.

2. When Should I Start Planning My Estate?

Probably earlier than you think. Experts agree that you should start estate planning in your 20s.

Even though you might be broke, you can at least make a plan, identify a decision-maker, and prevent your family from having to go through a lengthy probate process for your small amount of assets.

3. What is the Difference Between a Will and a Trust?

There is a difference between a will and a trust. A will is a legal document specifying how your assets are distributed after your death. You are able to revise it as often as you want during your lifetime.

On the other hand, a trust not only specifies where your assets go, but it also dictates when your beneficiaries can access them.

A trust can be either revocable or irrevocable. Like a will, you can change a revocable trust at any time during your life. An irrevocable trust means that you give up any rights to revise the trust after you create it.

4. What is Probate?

Probate is the process of legally authenticating the will. All of the assets must be located, creditors must be identified, and beneficiaries must also be located.

Before any of the assets get distributed, they all must be located and verified and outstanding debts must be paid. Only then can the beneficiaries receive any distribution of assets.

With estate planning, you can avoid the lengthy probate process.

5. Do I Need an Attorney?

Yes. Do not try to go through the estate planning process alone. An estate planning attorney can help you avoid the common mistakes made when people try to plan their estates on their own.

Estate Planning: Do not Delay

You are not too young to think about estate planning. As uncomfortable as it might be, it is all about taking care of those you love. Do them a favor and plan your estate now, so they do not have to worry about it when you pass and they are grieving.

Our firm will help you with the entire estate planning process. Contact us today for an individualized plan for your estate.

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