Estate Plan Basic Overview
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estate planning is extremely important I
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firmly believe that anybody over the age
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of 18 should have an estate plan
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prepared by a competent attorney
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and there’s a number of reasons for that
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one is most people do not appreciate the
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fact that even if you don’t sign a will
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or a trust an estate plan has been
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created for you and that’s the probate
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act and so under the probate act if you
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don’t sign a trust or don’t sign a will
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that act is going to dictate where your
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assets go to or if you have minor
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children who takes care of your children
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so a great example of that would be
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if you have a child under 18 and
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something happens to you and your spouse
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well what happens to that child
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under the probate act there’s defined
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people who will have the right to care
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for your child
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so I always say you may love your
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brothers and sisters equally you may
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love your brothers and sisters in law
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equally but the reality is you may not
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trust them equally to take care of your
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child or maybe it’s somebody that’s not
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a family member that you want to take
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care of your child and that’s fine
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but if you don’t do a plan the
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government’s going to dictate who takes
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care of your child and I for one don’t
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believe the government or the courts
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should be the decider who takes care of
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your children and so to handle that we
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do Estate Planning and that’s a very
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important provision under estate plans
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another reason to handle or to do an
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estate plan with a competent attorney
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is most of us spend a lifetime building
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up our assets and uh material goods for
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lack a better word
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and again if you don’t do an estate plan
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the probate Act is going to dictate who
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gets your assets
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I want to dictate who handles my assets
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and to do that I I do that through
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trusts and wills so a great example
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would be I’m married with a child if I
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did not prepare an estate plan and I
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passed away half of my estate by law
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would go to my child and half would go
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to my spouse there’s a number of
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problems with that one is for a child
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under 18 that would create a
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guardianship case
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guardianship is very expensive uh it’s
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under the court control and I don’t
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think that’s the best result for my
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child
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likewise most families want the spouses
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to have control over all the assets so
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they can manage their own Affairs and
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also the Affairs of their children there
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are certain tax advantages with a
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properly prepared estate plan this is
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legal and uh
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it has the potential to save you
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hundreds and potentially millions of
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dollars if you don’t do your estate plan
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you risk your large estate to estate
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taxes other advantages of estate
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planning is avoidance of probate
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avoidance a guardianship
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there is a misunderstanding among a lot
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of people that if you have a will you
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avoid probate
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that’s not necessarily true in most
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States if you have assets that exceed a
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certain amount you will be subject to
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probate and probate is a post-death
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court proceeding that handles your
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Affairs again my goal as your attorney
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is to avoid probate and to avoid probate
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we need to properly drafted a state plan