General Estate Planning Documents

WILL – who inherits “probate” assets at your death and who is in charge.

  • Probate assets-assets titled in your name only with no joint owner and no beneficiary named.
  • Probate-court proceeding.

TRUST –who inherits trust assets at your death and who manages trust assets during your life and after your death.

  • Trust assets-assets titled in the trustee’s name as trustee of your trust.
  • No probate.

DURABLE POWER OF ATTORNEY – who has access to and can manage your non-trust assets during your life.

  • May not permit your agent to access Medicaid and VA benefits if not drafted with those programs in mind.
  • Ends at death.

HEALTH CARE SURROGATE – who makes medical decisions if you can’t.

  • Can now be drafted to be effective immediately.

LIVING WILL – instructions about machines if at end of life and no chance of recovering or regaining capacity.

DO NOT RESUSCITATE – medical order that says do not RESUSCITATE me if I have cardiac (heart attack) or respiratory failure.

If you need help about your estate planning options, contact Prather & Swank, P.A. at 239-288-4315 or fill out our  online form.