Trusts, Wills, and Proxies (Oh My!)

Don't get overwhelmed - We are here to help! At Ruth P. George Law PLLC, knowing which documents you need for your specific situation is what we do. We also know that these documents can be completely new concepts to many, and we enjoy taking the time to educate you on your estate plan and why each document is important for your specific situation. Located on Main Street in Williamsville, we are here to help take the stress out of estate planning and the documents often associated with it. Schedule a consultation with us at our office, or contact us through our website with any legal document questions you have!

What Exactly is a Trust?

Trusts can serve a variety of purposes and can be an important part of any estate plan. There are many different types of trusts, and working with an experienced attorney can be crucial in determining which, if any, are right for your specific situation! Trusts can be revocable or irrevocable, can help you minimize your tax responsibility during life and at your passing, and can protect certain assets from creditors. A trust can also be used for excellent property management during your life, as well as to avoid the probate process, sometimes entirely which can save your family months of time and stress following your passing.


We work with families to educate them on specific types of trusts that may be useful given their specific family or financial situation, as one size certainly does not fit all! If a trust may be useful for you, contact us to learn more about establishing this as a thoughtful part of your estate plan.

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What Kinds of Documents do I Need?

As a probate and estate planning law office, we help guide you through the process of creating the documents necessary for the estate plan that will be most helpful for you and for your loved ones. Having the proper documents in place during life and at the time of your death can help make everything smoother, including many decisions that may take place during life, but also avoiding probate when you pass away. Schedule a complimentary call with us to get your questions answered and to learn more about what might fit your unique situation best.

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Last Will & Testament

This document is a Must-Have no matter what! Even with other planning in place, you never know what will unfold at the time of your death. A well thought out and properly drafted will is essential. While this may seem simple, often more thought goes into it than you might think! We work with you to make sure that every necessary detail is clearly outlined.

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Trusts

Trusts can help you manage assets during life, take away road blocks that can occur with power of attorneys, and clearly outline what you want and provide incredible flexibility. When used properly, trusts can help to minimize taxes, ensure proper management and distribution of assets, avoid the probate process, and make sure your loved ones are taken care of in the way you want during life and at the time of your passing.

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Health Care Proxy & Living Will

This document appoints someone to make health care decisions for you in the event that you cannot make health care decisions for yourself, whether at the end of your life or in the event of an emergency. This is often used in conjunction with the wishes outlined in your living will, so that your agent can make end of life decisions on your behalf.

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Guardianship

Our children are everything to us, and poor estate planning can often leave young children in the hands of what a judge dictates for their guardianship. Additionally, for disabled children who are turning 18, parents need to establish guardianship over them to continue to make decisions on their behalf. A plan for guardianship of minor or disabled children is a critical part of any thoughtful estate plan.

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Lifetime Irrevocable Trust

An irrevocable trust means that you are trying to set in place arrangements for others' benefits. Because it is irrevocable, it offers certain benefits that a revocable trust cannot offer. These can be potentially beneficial in the event of a family that has conflicts, and can also help significantly with tax planning and creditor protection.

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Power of Attorney

Powers of attorney can serve many purposes, from handling smaller financial matters to impacting your entire estate plan! These documents must be well thought out, and working with an attorney who can educate you on this, along with the powers involved and other aspects of the document, is crucial in establishing them properly. The power of attorney document must also be in line with your overall estate planning goals.

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Revocable Living Trust

A revocable living trust can offer the best of both worlds - It provides that you can do anything you want to amend the trust during your life, but also allows you to nominate successor trustees both in life and at the time of your passing. Because it is revocable, this trust offers great flexibility but does not offer asset protection. It still is a valuable tool in the estate planning process depending on your situation and goals.

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Beneficiary Designations

Beneficiary designations shouldn't be an afterthought, but a part of your overall estate planning. Depending on your other planning documents and arrangements, your beneficiary designations must fall in line with your goals. If you have minor children, blended families, multiple marriages or divorces, making sure that your beneficiary designations are part of your overall plan is critical.

The Right Legal Documents Mean Less Headaches Down the Road.

We know that automated online legal document companies sound so very enticing, but unfortunately we spend a lot of time correcting issues on those documents! Legal documents need an experienced attorney in order to formulate them correctly, and to determine which documents need to be created in the first place. We work through all the details with you to determine which documents are needed, which may be beneficial, and which are probably not necessary. Reach out today with your trust and will questions and we will be happy to steer you in the right direction!

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Trust, Wills & More, Questions Answered

  • What is a health care proxy?

    A health care proxy is a legal document that allows someone who you appoint to make medical decisions for you in the event that you are incapacitated. Typically a spouse, close friend or family member is appointed (someone who knows your health care values and you know will make medical decisions in your best interest and in line with your beliefs). Living wills are often included in health care proxies to enable your agent to make decisions on end of life matters. Working with an attorney can be the best way to navigate creating a health care proxy, as they can help you integrate this document into your complete estate plan.

  • What is a trust?

    A trust is a legal arrangement between you (the Grantor) who sets up a trust agreement which provides instructions on how the trusts assets shall be managed and distributed both during your life and at the time of your passing. You will always have successor trustees lined up, and you can create any number of flexible options in the trust agreement depending on your goals and circumstances.

  • What is a revocable living trust?

    A revocable living trust is a type of trust that provides for effective property management during your life and distributing assets at the time of your death. Even still, the trust can continue on as you desire to benefit loved ones. The fact that the trust is revocable is significant - This plays into what you want for yourself and how the trust can be useful.

  • What is a living will?

    There is no statute in New York State that provides for a living will, but there is a case that talks about the need to authorize another person to make end of life decisions. That case refers to having a written document, "something like a living will". The phrase "living will" actually stems from that court case, and the importance lies in that your agent will have an easier time showing this authority if there was ever a need. A living will provides this kind of documentary evidence that your agent can make these kinds of decisions.

  • Do I need a power of attorney?

    YES!!! Do you want someone to be able to open your mail? Do you want someone to be able to pay your bills with your checks, if needed? Do you want someone to be able to act on your behalf to sign a deed if you are out of town for an extended period of time? These are just a few examples of the infinite value of having a well-thought out and properly executed power of attorney that even has considerations to plan for after the document is signed. This is all a part of effective estate planning. Lacking this document can have catastrophic effects on your financial affairs during life. 

  • I'm married. Do I need to worry about Guardianship?

    Upon the death of one parent, the other parent automatically assumes full guardianship of any minor children. However, factors such as blended families, unmarried couples, single parents, having a disabled child, or situations where one parent has limited involvement are all reasons to make sure that the outcome of a parent's passing is crystal clear. Let us help walk you through it!

  • I have a special needs child. How can I plan for their future through my estate plan?

    Planning for supporting a special needs child during your life and in the event of your death takes special and specific planning. This is critical in making sure that your child doesn't lose their government benefits like Social Security and/or Medicaid benefits. Tools for planning can include but aren't limited to a special needs trust, guardianship designation, letter of intent, and even potentially using life insurance to fund a trust. Working closely with an attorney experienced in special needs planning is critical for making sure that your hopes for your child are carried out after your death.

  • How do I write a will?

    Writing a will has many considerations that might be best served working with an experienced attorney. Questions you might start asking yourself include "What assets and liabilities do I need to worry about?" "Who do I want to be my beneficiaries?" "Are there any special considerations to my situation that need to be taken into account?" and "Do I have kids, real estate, business interests or assets other than money that I need to think about?" Creating a will can be a little more challenging than you'd think. Feel free to contact us for help getting this process started!

  • Where do you offer trusts, wills, and other legal document services?

    As a New York State attorney, Ruth P. George offers legal services for New York State matters. Typically estate planning and the documents created in the process are handled for those within certain counties within New York State.

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Have a Question? Just Ask!

Estate planning and probate can be tricky, and it can be tough figuring out where to start. That's why we're happy to answer any of your questions to help guide you on your journey. Feel free to send us a message through our secure form and we will get in touch with you as soon as possible!

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