At The Crosthwait Law Firm we know that an estate plan is not only for you, it’s for you and those you love. You have worked hard to earn all that you have in life and you deserve to have confidence that your assets are properly distributed to your family, your friends and those people and organizations that have been and remain an important part of your life.

Whether you are a senior wanting to ensure that your family has no additional stress at the time of your death, a young parent who wants the peace of mind that your spouse and children will be provided for in the event of your untimely death, or a business owner planning to ensure the continued success of your business after your departure, proper estate planning is essential for the accomplishment of all of these goals.

The Crosthwait Law Firm understands the importance of a complete estate plan so that no questions are left regarding how your assets should be divided upon your death.  An estate plan prepared by The Crosthwait Law Firm will ensure that the financial security of you and your loved ones is adequately protected, and we will work with you to protect your assets from taxation and make sure your property is given to those whom you wish to have it and for the purposes you desire. Additionally, we can assist you in giving part, or all, of your estate to the church, charity, special cause, college or university to which you are loyally committed, if you so desire.

At The Crosthwait Law Firm we know that a well-tailored estate plan not only protects and distributes your hard-earned assets, it also assists those who are closest to you should you become incapacitated or otherwise unable to make decisions for yourself regarding your health, your finances, or your day-to-day activities. Through General Durable Powers of Attorney, Medical Durable Powers of Attorney (for Health Care), and Advance Directives or Living Wills, you can rest assured that should the need arise, your friends, family, and medical personnel will have adequate instructions to ensure that your wishes are adhered to, your assets are protected, and you receive the treatment and assistance you desire and deserve.

Last Will and Testament

A Will, or a Last Will and Testament, is only one of many different estate planning tools available to you. At The Crosthwait Law Firm we understand that there is no one-size-fits-all estate planning document and we will advise you of all the options and personally see to it that your estate plan is individually tailored to your family’s unique needs and goals. A will can work hand-in-hand with other estate plans such as revocable and irrevocable trusts, charitable trusts, special needs trusts, and we will discuss all these options with you when you meet with us regarding your estate plan.

Trust

A trust is essential for most estates in order to ensure property owners that they determine how their assets are distributed upon their death while protecting their heirs from having to endure a costly and sometimes trying probate of their estate.  The rationale for trust creation includes, but is not limited to, minimizing taxes, asset protection and providing beneficiaries with the ability and freedom to pursue their goals.  We will address numerous questions which need to be answered in order to ensure that your intentions are carried out with your estate plan such as the standards of distribution, “incentive” provisions, special needs beneficiaries, and limiting the impact of negative forces.

Our firm can assist you in designing and organizing a trust that aligns the interests of all parties in a manner that will survive the long term.  We will meet with you and your family to ensure your estate plan is designed to reflect your intentions and accomplish your objectives and that the trust provisions are flexible enough to effectuate this result.  In addition, we are experienced in modifying existing wills and trusts so that they accurately reflect the goals and objectives you want to accomplish through your estate plan.

We provide affordable, knowledgeable representation  in the creation of your individualized  estate plan, administration of your estate, challenges to wills or trusts and all other issues related to estate planning.  The Crosthwait Law Firm offers more than 37 years of legal experience, as well as the expertise of a Certified Financial Planner.  You can be confident that your heirs/ beneficiaries will be provided for as you intended and you will be able to “Rest in Peace.”

Powers of Attorney and Advance Directives (Living Will)

 A General Durable Power of Attorney, along with a Medical Durable Power of Attorney, are two of the most import estate planning documents every person should have in place.

A General Durable Power of Attorney prepared by The Crosthwait Law Firm allows you to appoint a person to a person to serve as your-attorney-in-fact who can be given general powers to do anything you could do, such as sign checks, execute deeds and transfer titles. You can also tailor the powers of your attorney-in-fact to be very specific, such as naming someone to act as your agent in a real estate transaction to sign closing documents.

A Medical Durable Power of Attorney prepared by The Crosthwait Law Firm will ensure that your spouse, or any other person you appoint, is allowed to review your medical records and has the authority to hire and fire doctors, consent to surgery, and check you into or out of hospitals, nursing homes, or assisted living centers.

An Advance Directive, or Living Will, prepared by The Crosthwait Law Firm, is an effective estate planning tool that instructs your family members and health care providers regarding your decisions about artificial life support and artificial nutrition and hydration in event you suffer from a terminal condition or you are in a persistently unconscious or vegetative state, with no hope of recovery.

We at The Crosthwait Law Firm will discuss with you regarding all aspects of these crucial estate planning documents, how they interact and compliment each other, and why such documents are so important to your overall estate plan.

Probate

There are many important steps that must be taken as soon as possible after the passing of a friend or loved one to ensure that the affairs of that person (often referred to as the “decedent”) are handled properly. If the person died after having previously executed a Last Will & Testament, or simply a Will, then the Will ordinarily must be probated.

Probate is the legal process that transfers the decedent’s assets according to their Last Will & Testament following their death. A representative of The Crosthwait Law Firm will work with the person named in the Will to be responsible for the probate process (referred to as the executor, administrator, or personal representative), to inventory the estate assets and liabilities, notify any creditors of the decedent, protect the estate assets, minimize estate tax liability, and, finally, distribute assets to the beneficiaries according to the terms of the Will.

The entire probate process for a simple estate can be completed in less than six months. More complex estates, or in the event one or more beneficiaries contests the Will, the process can take much longer. Whether simple or complex, you can be certain that the attorneys and staff at The Crosthwait Law Firm will use their experience and compassion to guide you through every step, in the most reliable and cost-effective way.

Estate Challenges