| An estate plan is a legal plan of action to be executed | | | | will be distributed as they would see fit. Depending on |
| upon the death of the primary owner. An estate plan | | | | circumstances, the attorney involved may recommend |
| can help the family members make sure they remain | | | | that a trust be set up to hold the property. A trust has |
| financially comfortable upon either the mental disability | | | | several advantages over a will in terms of designing |
| or death of the testator, whichever comes first. If | | | | an estate plan. The most obvious benefit is that the |
| mental disability comes, two plans should be in place. | | | | courts have no say in the process by which the |
| One plan will take care of personal decisions. The | | | | property is transferred, thus enabling the beneficiaries |
| second will take care of financial decisions. | | | | to gain access to their inheritance immediately. |
| If the planner should die, two other plans are required. | | | | In the event of the testator's disability, he or she must |
| One plan is needed to make sure that all debts will be | | | | have named someone as having power of attorney. |
| paid and another to make sure that the balance of the | | | | Power of attorney is a right invested in a named |
| estate is properly bestowed. Mental incapacity is a | | | | person by a legal document as the testator's agent. |
| possibility, while death is a certainty. For that reason, it | | | | As his agent, he has the ability to act in those areas |
| is often better to prepare for death than insanity. | | | | areas as named and defined in the document. This |
| Property and assets are divided up according to | | | | enables the creator of the will to rest assured that |
| instructions that are laid down in a document known as | | | | their estate will be well looked after, even in the event |
| a last will and testament. This document is designed to | | | | of their incapacitation. |
| cover important points such as who will be responsible | | | | The best resource to plan for the eventual division of |
| for the estate as the executor and the powers he will | | | | an estate is a respected law firm. Professional |
| have. It will indicate who will inherit the properties in | | | | attorneys have the resources and the training needed |
| question and how these properties will be transferred | | | | to help testators plan their estates so that only the |
| to the beneficiaries. Also if the testator has minor | | | | beneficiaries gain access to their assets and property. |
| children, who will be named guardian until they become | | | | This way the client can rest assured that their legacy |
| of age. | | | | will be enjoyed only by those whom they name as |
| When speaking in terms of property, it is extremely | | | | having the right to enjoy it. An estate plan provides |
| important that the author of the will set it up in such a | | | | security for both the past and the future in the area of |
| way that they could rest assured that their property | | | | life where it matters most, the family. |