Frequently Asked Questions
What is an Estate Plan?
An Estate Plan is a set of instructions left by you for your loved ones to direct them in the event of your death or incapacity.
Estate Plans consist of documents executed by you. Estate Plans can include Trusts, Wills, Healthcare Proxies, Powers of Attorney and Living Wills
What happens if I die without a Will?
What is Probate?
How is a Living Will different from a Will?
A Living Will addresses your personal healthcare in the event that you are unable to make decisions for yourself. The Living Will will guide your family if they are ever called upon to make a life or death decision.
It is a statement that you do not wish your life artificially extended. In that event, you wish to be removed from life support except for medication to alleviate pain and suffering. A Living Will works along with a Healthcare Proxy. Note that in Massachusetts this document alone is not enforceable. However, it can be included along with the healthcare proxy as a statement of your intent.
A Will also referred to as a Last Will & Testament is a person’s declaration of how they want their assets distributed after their death.
What Is a Trust? What does a Trust do?
A Trust is traditionally used for minimizing estate taxes and can offer other benefits as part of a comprehensive estate plan.
The terms of The Trust dictate the purpose of The Trust and how it will be administered. Some Trusts minimize estate tax. Other Trusts administer assets for minors until they reach a prearranged age, such as 25 or 30. If you have an existing Trust and you are uncertain of the purpose, you should have it reviewed by an Estate Planning attorney to ensure that it is serving your individual needs.
How do I Qualify for Social Security Disability Benefits?
Where should I keep my Will, Trusts and other Estate Planning documents?
Can I make changes to my documents?
A Trust can be changed by a simple amendment or in many cases, by amending and restating the entire Trust document.
When would I need a power of attorney?
I got divorced, how do I update my Will?
How do I protect my assets from Medicaid liens?
How do I select a guardian for my children?
There are many factors involved in selecting a guardian for your minor children. The most important thing is that you create documents to make sure that the correct person(s) is granted guardianship. This is a complicated issue, and the Law Office of Marina Dvorkin can guide you and walk you through the process of choosing and designating a guardian.