A will allows you to communicate your wishes regarding the distribution of your assets upon your death.  A will may also be used to designate a Guardian and Conservator for minor children.  A will does not necessarily mean a probate action will be required and is often the simplest and best estate plan choice.  Without a will, state law determines how assets are divided, and the plan for the care of your children which may not reflect your wishes.

A trust is one person holding something for another.  There are many types of trusts which range in complexity, but a revocable living trust is the most common type of trust employed in a standard estate plan.

If a revocable living trust is appropriate for your estate plan, Dailey Law will assist you as needed in titling your assets in the name of the trust. If set up properly, as living trust should avoid the need for a probate proceeding to distribute your assets at your death.  It will also allow for a more seamless transition to your successor trustees and protect you from exploitation upon your incapacity.

If a more complex trust is appropriate, we will identify and assist you with your options.  For example, a special needs trust may be necessary for a disabled person who receives significant property to stay qualified for public health benefits.  Additionally, many of our wills contain Testamentary Trusts, which only go into effect under specific circumstances at your death, often to manage and protect the shares of children or young adults.

A durable power of attorney enables a designated person to make decisions on your behalf if you become incapacitated. Many medical providers also require a Medical Power of Attorney with a HIPAA release.

An Advanced Directive allows you to document your wishes known about the type of medical treatment or other care you want if you become too sick to speak for yourself.  In addition to clarifying your wishes, it takes the pressure off of your loved ones from having to make end of life decisions for you.

Disposition of Last Remains

A Declaration of Last Remains allows you to state your specific wishes for post-life remembrance arrangements.

Personal Property Memorandum

A Memorandum is a document that details the individuals you wish to receive specific items that you own, such as artwork, collectibles, antiques, and jewelry.

Beneficiary Designations

A beneficiary designation names the individual who will receive a specific asset upon your death. These designations are unique to each asset and managed by the institution that holds it, such as a life insurance company or investment firm.

A beneficiary designation names the individual who will receive a specific asset upon your death. These designations are unique to each asset and managed by the institution that holds it, such as a life insurance company or investment firm.

Probate, a legal process for settling an estate, may or may not be necessary when someone in your family passes away.  Estates involving real estate that is not jointly titled, retirement or investment accounts without a named beneficiary, and estates with a value greater than $82,000 (2024) require the filing of a probate proceeding.  Dailey Law represents clients regarding informal or formal probate and assists with the administration of trusts and estates when someone passes.  In addition to filing required documents with the Court, services may include securing and inventory of property, engaging experts to value and/or sell assets, notifying creditors, preparing an accounting, preparation of deeds to transfer property on sale, final distribution.