WHAT HAPPENS WHEN YOU DON'T HAVE THE BASIC ESTATE PLANNING


The basic estate planing every person should have consists of three documents: the last will and testament, the durable power of attorney and the living will.


Often people avoid even thinking about not being able to make decissions, or what will happen to their estate if they die. If you dont have these three documents, and you become unable to make decissions for any kind of reason, your family's only option to administer your assets will be to open an incapacity case in your county of residence, in order to have a guardian appointed by the Court. Once you and your family are in a guardianship case, the guradian will have to submit a report every year to the Court and many of the actions he/she will take will require court authorization. The best way to avoid this is to have a durable power of attorney.


Medical decissions can be made by the person you appoint as surragate, and is the best way to avoid family disputes when disagreement on this aspects show up.


The last will and testament allows you to decide how your assets will be distributed and if you dont have one the law will decide who will inheret your assets. With a simple estate planning you will have peace of mind and will avoid all kinds of problems when facing any of the situations described.


These are a few examples of things that can happen when you dont have your estate planning. Many other problems can emerge as a result of not having your affairs in order and you should prepare your estate planning as soon as possible. It is never too soon but it could turn out to be too late.