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The Role of an Estate Planning Lawyer and His Tools

A real estate planning lawyer is an attorney who gives legal advice to clients who own assets that need to be managed during their incapacity or death. This includes the granting or release of these assets to heirs, and the payment of corresponding estate taxes to the state.

An estate planning lawyer will helps to establish a power of attorney, living trust, and a health care proxy to protect you in your living years. The attorney will also work with you to establish a will and testamentary provisions within your living trust to protect those you leave behind. To get more information about estate planning lawyer, you can check website online.

These measures can prevent your property from being distributed according to the provisions of Massachusetts intestacy statutes. Consequently, if these statutes are controlling your situation it means you have lost control over who receives your assets and who is appointed your children’s’ guardians.

Role of an Estate planning lawyer and his tools:-

Power of Attorney
The Power of Attorney is a legal document which authorizes another person to manage your financial affairs. There are two types of powers of attorney.  You can get more information about medic aid attorney through various websites.

The first is a general durable power of attorney which gives power to another person known as an “attorney-in-fact” immediately.

The second is a springing power of attorney which gives power to another person known as an “attorney-in-fact” only at the time which you have suffered a physical or mental incapacity.

Health Care Proxy
The Health Care Proxy allows an adult to appoint another adult to make medical decisions. This power includes the ability to decide if life sustaining measures should be taken. By having a health care proxy drafted by an estate planning lawyer you can avoid the frustration, delay, and costly guardianship process should you become incapacitated.

Living Will

The living will needs to express his or her desires regarding the use of extraordinary measures to extend his or her life when there is no reasonable expectation that he or she will regain consciousness. You can browse the web to know more about living trust attorney.

Last Will and Testament
It is a tool that allows one to bequeath assets to specific individuals or entities, name guardians for your minor children and potentially prevents your property and children from being distributed under the state’s default intestacy statute.

Unfortunately, many Massachusetts residents are unaware that the Last Will and Testament can neither prevent the expense, delay, and publicity of a probate preceding nor can the Will override a beneficiary designation on a life insurance policy, retirement plan, or a joint form of ownership. Therefore, the estate planner should be aware of all retirement plan beneficiaries, insurance policy beneficiaries, joint accounts and review whether a living trust should be drafted in addition to the Last Will and Testament.