Before the advent of the Internet, when a person passed away or became
incapacitated, family members or the executor of the Will would located the
decedent’s personal and financial information in folders other tangible records
found throughout the home. Photographs, letters, account information, etc. were
all located physically in print. Today, you are more likely to find personal
effects on the decedent’s social media accounts, like Facebook. Does your family
know your password? In most cases, they do not.
what the decedent desires. As a result, people are now writing what is being
called a Social Media Will which outlines the ownership (or deletion) of online
information about them after their death. This can also be accomplished through
your regular will or trust. As more and more people move their personal and
financial information online protecting digital assets is becoming increasingly
important. It is not only important for your family – we’ve all heard of cases
where a “friend suggestion” of a deceased person pops up reopening the hurt, but
also the risk of personal financial information to be obtained by hackers – this
is especially likely when the information is no longer being monitored because
of the owner’s death
A Living Trust allows a great deal of flexibility in estate planning. It is called a "Living" Trust because it is effective both during your lifetime and after. Any assets that are properly transferred into the Trust will avoid probate at death. It provides confidentiality (because it is not filed with a probate court), disability planning for yourself or a beneficiary with a disability, and can be revoked or changed at any time during your life.
2 excellent articles explain why you need a will:
If you do not have a will or trust on the date of your death, any assets that are not titled with someone else will be distributed as a court decides in many cases. If you are uncertain how your assets are currently titled or whether you need a will, contact the Law Offices of Kimberly A. Houser to discuss your individual situation.
- Consenting to medical treatment;
- Withdrawing life sustaining;
- Admitting you to or discharging you from any hospital or other health care facility;
- Binding you to a contract for health care services;
- Obtaining copies of your medical records.
Prior to signing a Health Care Power of Attorney, you should consult with an estate planning attorney to make sure you understand the form.
A Power of Attorney for Health Care will permit your agent to make decisions regarding certain health care decisions. Some of these powers include:
Although Living Wills are known by a variety of names in different jurisdictions. Their main purpose is to set forth your end of life instructions in a format that will be legally recognized. The Living Will indicates that of life support systems such as artificial feeding and fluid tubes that you want to use and how they can be used. You are able to state your medical preferences in advance of the situation where you may not be able to make such desires known (i.e., unconscious state). The other main reason is to inform your family of what you would want to happen in case he would need a life support system. This will help prevent arguments among your family members and will help ease any worries regarding end of life decisions.
The reason most your couples put off writing their will is because of their reluctance to choose a guardian. This one decision seems to freeze the entire process. The problem, of course, if that by failing to choose, the parents are basically giving up their right to choose and giving it to the court. This means that if you do not have a will naming a guardian, a judge will decide for you. This could result in people raising your children that you would not have chosen yourself. For an article guiding you through the process of choosing, enter your information on the bottom of the home page to receive a free article.
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