We are a small office offering clients a trusted environment to discuss and accomplish their estate planning goals. Located just off Main Street in Wakefield, RI, we offer personalized service where each client is an individual with a story, not just a name.
We understand that creating an estate plan can be anxiety-provoking for most people. Our office is here to guide you through the uncertainty and give you the tools you need to make decisions. We see clients from the infancy of their estate plans to working with their children after their passing.
Most people do not require a complex estate plan. We can work with you to develop an estate plan that meets your goals and priorities. We discuss the core documents of an estate plan with all clients. Those documents consist of a Will, Durable Property Power of Attorney, Durable Health Care Power of Attorney and, if necessary, a funeral agent designation form. We also provide assistance completing beneficiary designation forms.
At our office estate planning means more than just a Will and extends to more than just a distribution of assets. Estate planning begins with planning for the possibility of incapacity while you are still living and who will make health care and financial decisions if you are unable to do so.
Although a Will is a vital component to any estate plan, it is important to understand that there are several different ways that assets can pass at your death without becoming “probate assets” controlled by your Will:
- Operation of Law – Title to jointly held property passes at the first death to the surviving joint owner
- Contractual – Property titled “Payable on Death” (POD), “Transfer on Death” (TOD) and assets with a beneficiary designation form (life insurance, annuities, retirement plans, IRAs, 401(k)s, 403(b) plans) will all pass to the named beneficiary on file with the financial custodian. Similarly, property titled to a totten trust, revocable trust or irrevocable trust (before the person dies) will pass directly to the named trustee for the benefit of the trust beneficiaries.
Any property that you own that does not pass by operation of law or contract at your death is a probate asset and is part of your probate estate. Title to probate assets passes at your death by the terms of your Will or by the laws of intestacy if you do not have a Will.
Heirs are persons related to you by blood or adoption. Who your heirs are is dictated by the laws where you are domiciled or, in the case of real estate, where the real estate is located.
As with all estate plans, there should be coordination between assets controlled by a person’s Will and Durable Property Power of Attorney and assets controlled by operation of law and contracts.
Together we can work to develop an estate plan that meets your goals and priorities. Contact us to schedule an appointment.