FAQs
Planning for your future, and the future of your is often more complex than originally thought. Issues arise if you become disabled or incompetent, if your family member has special needs, or if you die with even just a few assets. An attorney will help you navigate through all the options and decisions that you need to make to best care for you and your family.
Here at Ruben Law we will review your needs and wishes and personalize an estate plan that works for you.
A power of attorney is a document that you complete and sign, in which you give the person of your choosing the right to handle your finances and what I call, the “business of your life”. Without a power of attorney, if you become disabled or incompetent, your family may not have access to your assets and will need to file in Court for a guardianship of property. These proceedings can be long and costly. With a power of attorney, YOU select the person you trust to handle your money and property.
If you die without a will, state statutes control who will be your personal representative (also known as executor) and who receives the proceeds of your estate. You have no control over what happens after you are gone. A will allows you to identify your personal representative, your heirs, and any specific bequests you wish to make.
The probate process can be simple or complex, regardless of the size of the estate. Generally, probate estates are open for 6 to 12 months, allowing time for creditors to be identified and paid, assets to identified and collected, and for distribution to take place. It becomes more complicated if there is no will, if there are disputes between heirs, if debts are contested and if it is difficult to locate assets.
A Living Will, which is often part of a document called an Advance Directive for Health Care, allows you to specify what types of end of life medical care and treatment you want or don’t want. The Advance Directive also allows you to identify someone to make health care decisions for you, without the need for a “guardianship of person” proceeding in Court.
A Last Will and Testament specifies how your property is distributed after you pass away.