Located in Historic Downtown Rogers, AR Representing all of Northwest Arkansas
Estate Planning is the process of making arrangements for your assets and health care to protect your interests. Probate is the process of fulfillment in realizing these arrangements after the person is deceased. The legal documents involved with these processes include wills and living wills, trusts, advanced directives and power of attorney.
Legal documents and the process of probate are in place to protect the decisions you make about your estate after you pass away. Without a will, the property and obligations of a person that has died are brought to probate court to distribute the assets according to state law. Sometimes probate court is also required when there is a will and creditors or potential heirs dispute the contents of the will.
Planning an estate is a crucial step to making decisions about your health, property and assets. Through your estate plan, you are able to make competent decisions for your dependents and courts to follow after your passing.
Trusts establish a legal relationship in which a Trustee holds real estate and personal property and for a beneficiary. A trust provides the distribution to the beneficiary without involvement from courts or the process of probate.
Wills & Living wills
A will provides a legal document in which the intentions of the decedent are clearly stated so the courts can settle an estate according to the deceased’s directives. A will determines how the assets, property and dependents will be managed.
A living will, also called a health care declaration, provides details of the lengths and measures of medical care you desire if you are unable to speak for yourself. Common directives include life-prolonging medical care including a ventilator, feeding tub, CPR and treatment to relieve pain.
Power of Attorney
A Power of Attorney is the person you designate to carry out your decisions about medical and financial decisions on your behalf if you are incapacitated or deceased.
These legal documents define the type of medical care you want if you lack the capacity to make decisions for yourself. The Advanced Directive combines a living will and power of attorney and contain end-of-life service, care directions and define the agent to carry out these wishes.