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Attorneys who practice elder law focus on those legal issues affecting citizens who are over sixty-five years of age. Estate planning matters, inheritance taxes, end-of-life medical decisions, and healthcare regulations are all important aspects of elder law. Document assessment is one of the most important aspects of elder law. Elder law attorneys help citizens in their last decades secure their assets, protect their legacies, and prepare documents that inform their loved ones of their wishes if they die or lose the mental capacity to make decisions for themselves.
Two Important Estate Planning Instruments: Wills and Trusts
Every individual who is sixty-five years of age or older needs to have at least two estate planning documents included in their estate plan: a will and a trust. A will is a testamentary instrument that makes the testator’s intent known to others. However, a will must still go through probate administration in Texas. The costs of probate can be exorbitant, and it can take months or years for a court to probate an estate. Elderly citizens who wish to bypass probate administration need to have a trust as part of their estate plan. A settlor creates a trust, and a trustee manages the trust assets for the benefit of beneficiaries.
Wills and trust vary depending on their specific features. Revocable trusts and irrevocable trusts are two of the most common types of trust instruments. A last will and testament is a common will, but a living will is also a common form. A Webster elder law attorney can help clients choose the best estate planning instruments that will help them achieve their goals. Having testamentary instruments in place can help family members administer the decedent’s estate with less acrimony.
Powers of Attorney and Other Important Estate Planning Documents
Incapacity is one of the most important problems that lead to disputes and conflicts in elder law cases. When a loved one loses their mental capacity, it can be difficult for family members to accept that their loved one no longer has the mental agility they possessed in prior years. Most importantly, an individual without mental capacity cannot make legal decisions for themselves regarding their medical care or contracts to which they were a party. Family members may not know which side to choose if two dominant family members assert the right to make decisions for their relatives. Creating a power of attorney is one of the most effective things a Webster elder law attorney can do to help their clients. A power of attorney permits one party to give another party the right to make medical and financial decisions on their behalf. An advance directive for healthcare is another important document that details what medical and financial decisions should be made in the event that the party loses mental capacity.
Contact the Law Office Of Michelle E. Murphy Today To Schedule A Free Consultation
If you need the advice and assistance of an experienced Webster elder law attorney, Michelle E. Murphy can provide you with skilled legal representation! With over 20 years of experience, Michelle E. Murphy understands how stressful it can be for families to face difficult decisions regarding their loved one’s legal rights, and she is here to give you peace of mind. Contact the Law Office of Michelle E. Murphy today to take the first step by scheduling a free consultation.
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Ms. Murphy made sure to use all of her resources and did everything legally possible to help me. She fought harder than other lawyers out there and found ways to make everything work in my favor. I really appreciate how she helped me and made me feel at ease under the worst circumstances. I recommend her highly.
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