One of the most important steps you can take to care for your family and show your love for them is to make sure you have solid documents that map out a planned course of action if you are incapacitated or if you die.
No matter your age or health, everyone needs a will. As we grow older, our thoughts naturally turn to end of life documents, but they are important for all of us. The news is full of stories where accidents happen and a young person is hospitalized or worse.
A will is sometimes combined with a trust. We can talk with you about the best fit for you and your needs for your family.
We also help families with Probate, which is a legal process through the Courts that is normally required when someone has died. Probate can be done with or without a will, but it is much easier on your family if you have a valid will.
It is also important to have documents ready that take care of you and of your family if you are incapacitated. Some to consider are a Durable Power of Attorney, a Medical Power of Attorney and a Living Will.
If you want more information about how you can plan for your family’s future, come in and talk with us. Schedule a consultation. The first visit is always free. Come talk with an estate planning lawyer at Martin Attorneys by contacting one of our offices.
The short answer is yes, you need a will. Most of us start thinking about a will once we have children or once we begin to acquire any assets. But if we die without a will, Arkansas law decides how our possessions will be divided. On the surface, that may seem fine—one of your relatives… Read More
When we die, the real and personal property we owned at the time of death becomes our estate. An executor is known as a personal representative or administrator at this point and is the person named in a will to be in charge of seeing that all the terms of the will are fulfilled under… Read More
Planning for the future of your family is one of the most powerful ways to show your love. Establishing an estate plan allows you to protect yourself, your loved ones, and your assets. Many people put off estate planning until it is too late and never establish a will or a trust. These legal documents… Read More
A living will, which is also known as a health care directive, spells out your wishes for care and treatment if you are terminally ill. We will explain your options and rights under Arkansas law so that your living will gives clear instructions to your doctors and your health care representative.
Under Arkansas Law a Durable Power of Attorney does not cover health care decisions. A medical power of attorney allows you to name the trusted person that would work with your medical team if you are unable to do so. Our attorneys will sit down with you and explain the different options to help you end up with a document that will keep you safe when you are in the middle of a medical emergency.
A Durable Power of Attorney gives the person you name the ability to make any financial decisions for you and to act on your behalf. It is very important to have a document like this so that someone you trust can take over if you are not able, such as in a medical crisis.
By setting up a revocable living trust, your property is distributed according to the instructions in the trust and do not have to go through Probate, as is required if you die with only a will. A will, while important, should be a backup to your trust. Our attorneys will help design a trust that is easy for you to understand. We will help you with any changes you want to make to the trust or the trust property.
The short answer is yes. With a will, your wishes are followed—your property is divided in the way you want, not according to the laws of Arkansas. You have the peace of mind from knowing that your family can comfort each other after your death and that the division of property has already been decided. A will is also the easiest way to state your wishes regarding the care of your minor children.