Wills & Probate
The Law Office of Brian C. Simpson offers estate planning, probate and trust administration. The following are examples of services provided:
- Wills, sometimes called a Last Will and Testament, to transfer property you hold in your name to the person(s) and/or organization(s) you want to receive it. A Will also typically names someone you select to be your Personal Representative (Executor) to carry out your instructions and names a Guardian if you have minor children. A Will only becomes effective upon your death, and after it is admitted to probate.
- Durable Powers of Attorney for Health Care or Health Care Proxy appoints a person you designate to make decisions regarding your health care treatment in the event that you are unable to provide informed consent.
- Living Will or Directive to Physicians is an advance directive which gives doctors and hospitals your instructions regarding the nature and extent of the care you want should you suffer permanent incapacity, such as an irreversible coma.
- Durable Powers of Attorney for Property appoints a person you designate to act for you and handle financial matters should you be unable or perhaps unavailable to do so.
- Living Trust can be used to hold legal title to and provide a mechanism to manage your property. You can select a person or persons – often even yourself – as the Trustee(s) to carry out the instructions in the Trust and name one or more Successor Trustees. Unlike a Will, a Trust usually becomes effective immediately, continues in force during your lifetime even in the event of your incapacity, and continues after your death. Most Trusts are revocable which allows the person who creates the Trust to make future changes, modifications and even to terminate it. Trusts also help you avoid or minimize the expenses, delays and publicity of probate.
- Family Limited Partnership can be used to own and manage your property, in a similar manner to a Trust, but allowing additional tax planning techniques to be employed. Family Limited Partnerships are typically used for those who have large estates and thus have a need for specialized estate planning in order to minimize taxes as well as provide asset protection.