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Introduction to Critical Estate Documents



Estate planning is essential for ensuring your wishes are honored and your loved ones are protected. Critical estate documents, such as wills, trusts, powers of attorney, and advance healthcare directives, provide clarity on asset distribution, healthcare decisions, and guardianship arrangements. Understanding these documents is crucial for effective planning, helping to avoid conflicts and ensuring your legacy is secured. Let's delve into the key estate documents you need to consider.


Financial Documents


Joint Ownership

Durable Power of Attorney

Living Trust

What does it do?

Enables you to own property jointly with another person

Authorizes someone to handle legal and financial decisions if you become incapacitated

Holds your belongings until your death

Can it authorize someone to handle your financial affairs if you are unable to communicate?

Generally, no.



Generally, no.

Can it specify how you want your belongings transferred after your death?

But only those belongings owned jointly

Generally, no.

Is it private?

When does it go into effect?

As soon as joint ownership is recorded.

Either immediately or upon a specific trigger event (such as your incapacity)

When the document is signed and the trust is funded

Does it require court involvement?

No

No

No


Health Care Documents


Living Will

Power of Attorney

Power of Attorney for Health Care

What does it do?

Provides specific instructions about medical care and artificial life support

Authorizes someone to handle legal and financial decisions on your behalf

Authorizes someone to make health care decisions on your behalf

Can it outline your medical wishes if you are unable to communicate?

Generally, no.

Generally, no, but it does authorize someone to make medical decisions on your behalf

Can it authorize someone to handle your financial affairs if you are unable to communicate?

Generally, no.

Generally, no.

Duration

No expiration; can be revised or revoked at any time

Depends on specifics in the document; can be revised or revoked at any time

Depends on specifics in the document; can be revoked or revised at any time

Is it private?

When does it go into effect?

Upon your incapacity

Either immediately or upon a specific trigger event (such as your incapacity)

Either immediately or upon a specific trigger event (such as your incapacity)

Note: Power of attorney laws can vary from state to state. An estate strategy that includes trusts may involve a complex web of tax rules and regulations. Consider working with a knowledgeable estate management professional before implementing such strategies.


The content is developed from sources believed to be providing accurate information. The information in this material is not intended as tax or legal advice. It may not be used for the purpose of avoiding any federal tax penalties. Please consult legal or tax professionals for specific information regarding your individual situation. This material was developed and produced by FMG Suite to provide information on a topic that may be of interest. FMG Suite is not affiliated with the named broker-dealer, state- or SEC-registered investment advisory firm. The opinions expressed and material provided are for general information, and should not be considered a solicitation for the purchase or sale of any security. Copyright FMG Suite.

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