Estate Planning

What is Estate Planning?

Essentially it is an attempt to see the future and plan for it. You first need to visualize the course of your working years, the kind of retirement you will want, and your hopes and dreams for your family. Once you have visualized the future, you can make plans to meet it. A well thought out estate plan involves a lot more than a simple will or trust.

The plan needs to deal with your retirement, the possibility of your death or disability, and the support and encouragement that your spouse and children will need even if you are not there.

The plan also needs to deal with your assets, how best to organize and manage them into the future. Keeping them from probate, minimizing taxation during life and at your death. Preventing them from being squandered after your death.

All of that sounds daunting, but like anything else if you break it into parts and accomplish one part at a time, the completed structure becomes a lot easier to achieve.
 
Here are the steps we recommend:

 1. Consider your own needs. That is, plan for the possibility of your disability, then for your retirement years.
 2.

Consider your family. Your hopes and aspirations for them and their dreams and goals. Perhaps that is best done by answering the old questions, Where do I want my family to be in 20 years?  Where do they want to be in 20 years? What do I need to do to help them get there?

 3.

Make a statement of your assets and liabilities as they are today.

 4.

Make a separate statement of what you expect your assets and liabilities to be say 10 years in the future.

 5.

Determine how those assets should be organized or managed to support your own needs now, in case of disability, and upon your retirement.

 6.

Determine how those assets should be organized or managed in case you should die to support your hopes for your family.

 7.

Consider whether you need to supplement your assets with liability  insurance, life insurance or long term care insurance.

 8.

Consider the impact of probate costs, estate taxes, and income taxes on your estate.

 9.

Consider the need for asset protection measures.

10.

Discuss your situation with our financial advisors.

Once you have taken each of above steps you know what your plan needs to address. For some it is nothing more than a simple will, perhaps a durable power of attorney, and a health care directive. Others with complicated situations may need to have complex trusts, new business entities created, and undertake take various other planning actions.
 

What does an estate plan cost?

Your goal is to get what you need at a reasonable price. Our goal is to provide that to you. If you are buying a one size fits all shirt, you go to the store, choose one that appeals to you, pay for it, take it home and use it. You do not need to involve yourself in the details of making the cloth, tailoring the shirt, and marketing it. An estate plan is considerably more complex. Attorneys charge by the hour for helping you develop your plan. For that reason, the more you know about what you need before you begin working with the attorney, the less the completed plan will cost you.

On your initial contact with an attorney, make sure you ask about fees and charges. Most attorneys at the end of your first appointment will send you a letter outlining the services that they believe you need and the total cost to you of those services.
 

Can you be my attorney?

If you reside in Oregon or New Mexico I can be your attorney. I provide services by telephone, email and in person. Representation usually begins with a call or email from a prospective client. Information is taken either in person or by a mailed out questionnaire. Follow up contacts are made to discuss the situation. When it is appropriate for me to be your attorney, I prepare a letter setting out what is to be done and the fees and costs to be charged. The entire process is often completed without the need to come to my office.

As with all estate planning, anyone considering a will should contact an attorney who is skilled and experienced in this area.