Estate Planning Overview

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If you have no
Estate Plan

It may be because you:

  • Can’t make up your mind
  • Don’t understand the need
  • Believe nothing bad will happen
  • Believe it will all work out
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If you fail to plan

You may leave your loved ones with disagreements that lead to family division and even  litigation. Idaho Law Group has the experience and expertise to customize a comprehensive Estate Plan which avoids family conflict.

Your plan may include:

  • Financial Powers of Attorney
  • Healthcare Powers of Attorney (Health Care Directives)
  • Will
  • Revocable Living Trust
  • Irrevocable Trust
  • Special Needs Planning
  • Asset Protection
  • Medicaid/Long Term Care Planning
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What Is Estate Planning?

When someone becomes incompetent or dies, decisions about your assets must be made.

Estate Planning is the practice of structuring your assets and creating instructions for your agent(s) to carry out your wishes so that what you have goes:

  • To Whom you want,
  • How you want, and
  • When you want.

Discover Your Estate Planning Needs

Not sure if you need estate planning? The truth is, every adult can benefit from some form of estate planning. The real question is, “What type of plan best suits your needs?” Uncover your unique estate planning requirements with our experienced guidance today.

Can My Financial Professional Help?

Many people tell us they have already done Estate Planning with their financial advisor, banker, or CPA. There are two aspects to estate planning – legal and financial.

Financial advisors, bankers, CPAs, and other financial professionals can assist you with the management and growth of your assets. They cannot assist you with the legal work necessary to establish an Estate Plan. Only an attorney can do that.

Can My Financial Professional Help?
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How Will Estate Planning Help?

Control

Control

Proper Estate Planning ensures the necessary legal documents are in place to keep you in control of your assets as long as you are able, and then put people you trust in control when you are no longer able. Your Estate Plan will provide sufficient instructions to guide the people you trust on how to use those assets for your benefit or for those you choose.

Care for You and Your Family

Care for You and Your Family

If you are deemed mentally incompetent, you will want to ensure your needs are met and that your loved ones are provided for. Your plan identifies who gets the benefits of your assets and who gets to control your assets.

Tax Mitigation

Tax Mitigation

Tax strategies can be included in your Estate Plan to minimize or avoid taxes.

Goal Oriented

Goal Oriented

Proper Estate Planning will support your goals. Good Estate Planning, when properly maintained, keeps your estate in a constant secured state: Plan now so a judge and your loved ones do not have to guess about what your intentions may have been.

What Are My Options?

Estate Planning options are numerous. To help you understand the options and choose those that are right for you, an Idaho Law Group attorney will educate you about Estate Planning law, discuss your goals, and help you identify which options support those goals.

Alive and Competent
1. Alive and Competent

People often think that Estate Planning only matters when a person has died or become incompetent. Estate planning can only be done while you are alive and competent. Below are types of estate planning that can benefit you while you are in this first stage of life – alive and competent.

Asset Protection
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Asset Protection takes many forms. If used correctly, it can protect some of your assets if you get sued, divorced, or a business fails. It is also possible to create pools of assets that are protected for your beneficiaries. You have complete control of what comes out, when, and to whom.
Tax Mitigation/Gifting
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If you are concerned about Estate Taxation, during your lifetime, it is possible to make gifts that are discounted for tax purposes. If a gifting plan (business succession, GRATs, GRUTs, etc.) is warranted for your estate, Idaho Law Group will bring in colleagues to assist in that area of the plan.
Business Structures
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Creating business structures is often a tool used in Asset Protection strategies and discounted Gifting strategies. Properly drafted business planning documents are important for business succession and are an essential component of Estate Planning.
Power of Attorney (Financial)
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A Power of Attorney for financial purposes is often used for people who are alive and well but traveling. This is beneficial for business professionals as well as those traveling for service and vacations. In some professions, financial Power of Attorney is not only helpful, but required.
Mentally Disabled
2. Mentally Disabled

The idea that one day you may become mentally incompetent can cause fear and worry about the future. A thorough Estate Plan can help prepare and protect you and your family in the event you become incompetent.

Benefits Continue
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The benefits you receive from Estate Planning continue when you are alive but no longer competent. Your agents (helpers you choose) and Trustees will have authority to continue anything you have put in place.
Power of Attorney (Medical) / Health Care Directive
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When illness or injury leave you mentally incapacitated, it is necessary for someone to make medical decisions on your behalf.

  • A poorly drafted Power of Attorney for Health Care can cost you thousands of dollars in guardianship and conservatorship proceedings.
  • The standard Power of Attorney for Health Care often burdens a loved one with deciding if you live or die. It often creates rifts among those who disagree.
  • A well drafted power of attorney can solve these problems.
Power of Attorney (Financial)
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When illness or injury leaves you mentally incapacitated, it is necessary for someone to keep your bills paid and manage your property.

  • An Estate Plan without a Power of Attorney for financial matters or a poorly drafted Power of Attorney can cost you thousands of dollars in conservatorship proceedings.
  • The standard Power of Attorney may be more dangerous than handing someone a blank check.
  • A Power of Attorney (Financial) created by Idaho Law Group can solve both problems.
Trust With Disability Provisions
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A well drafted trust will have disability provisions. If you are incapacitated, transition to a successor Trustee will be smooth. There is someone in place to take care of you, take care of your finances, and take care of your family.

Medicaid and Long Term Care Planning
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Someone who is disabled and can no longer work or may even be facing being placed in a nursing facility will most likely benefit from government assistance if they can qualify for it. Idaho Law Group assists people to qualify quickly while preserving as much of their assets as the law will allow.

After Death
3. After Death

A well thought out Estate Plan can reduce or eliminate problems that might otherwise occur if you die without a Will or Trust. Post death issues like remarriage of the surviving spouse, asset protection for a surviving spouse / beneficiaries and who you want in charge of your affairs should be resolved before you die, not after.

Intestate
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If you die without a will and are required to have your estate probated, you have died “intestate.” Idaho law will impose a distribution plan on your estate. The law is structured to protect creditors first and then all potential heirs.
Last Will and Testament
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If you have a Will based Estate Plan, the Will gets submitted to probate to give the Court your instructions on how you want your assets managed and who you nominate as guardian of any minor children. The ultimate decision lies with the Court.

Revocable Living Trust
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With a Trust based estate Plan, you will avoid probate. Your successor Trustee will manage your assets based on the instructions in the trust. The Trustee will pay your expenses and retain or distribute your assets as you have instructed in your trust.

Remarriage Protections
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If you pass away while married, there is the potential that your spouse will remarry. Without proper planning, your assets could go to your replacement’s children instead of to your own. Idaho Law Group can help you protect against this.

Asset Protection for Beneficiaries
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If you leave something to a beneficiary outright and that beneficiary is sued or gets divorced, your estate plan will give assets to the creditor or ex-spouse. Idaho Law Group can design protections for assets you leave for loved ones. Not only can they be protected from attacks on their estates by predators and creditors, they can be protected from foolish decisions and bad judgement as well.

Schedule a free consultation with one of our experienced attorneys

We provide education and counseling to individuals and families so that you can make informed choices with confidence.