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Legal information: When a will is not enough: Complete estate plans

by DianeD

Created on: December 18, 2008   Last Updated: January 05, 2009

The most unpopular topic of conversation among the general population is death. Death is the one issue too many individuals ignore, but that all individuals will face at some point. Dying intestate, or without a Will, can be an additional burden for an already grieving family, along with incurring unnecessary court costs to probate an estate. If an individual is basically destitute and has accumulated nothing over the years but a few tangible items, a Will may not be necessary; however, the majority of Americans do have: a bank account, a home, some type of investment and items of a personal nature. Whether an individual's net worth is minimal or in the millions, a Will is required to insure proper distribution of all assets upon death. Retaining an attorney, specializing in estate planning and familiar with specific state statues, will bring assurance that all of the details have been addressed. The following are recommended documents and arrangements that one should have completed and in order at any age.

Power of Attorney

Young people, who are going to live forever, generally see no urgency in planning a will; however, death or becoming incapacitated can occur at any age. A Power of Attorney, a responsible first step in estate planning, simply assigns another individual to act in one's behalf if they become unable to handle their personal decisions, business transactions, and/or financial affairs.

Living Wills

After witnessing the fiasco in the media recently concerning life and death issues, namely the right to die if one is in a debilitated state, having a Living Will should be viewed as a necessity. This document will appoint an individual to make the final decision concerning the implementation of life-sustaining treatments and procedures according to a person's wishes. Having this document in place will alleviate unnecessary grief and turmoil within family units.

Funeral Arrangements

A grieving family is not always in the most responsible state of mind to make sound decisions concerning the burial of a loved one. At that time, nothing but the best will do which may incur thousands of dollars in needless funeral expenses. When funeral arrangements are made prior to death, decisions will be made in a sound and responsible way.

Bank Accounts, IRA accounts, and Safe Deposit Boxes

As a bank account is opened, whether it is a checking, savings, certificate of deposit, or IRA account, a beneficiary or co-owner should be listed on each account. As well, a safe deposit

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