Estate Planning Documents

The Harwell law Firm can assist in the preparation of basic estate planning documents. Wills, Health Care Directives, Living Wills and Powers of Attorney serve as the foundation for everyone's basic estate plan.

SIMPLE WILLS - This document expresses your desires regarding the distribution of your property and estate upon your death and allows you to determine and name the heirs to your property and who will receive your property and handle the administrative details including presenting your will for probate in the Probate Court in the county where the testator lived. This person is called the Personal Representative (also known as Executor or Executrix in many states). You can also use this document to name any guardians or trustees should the need arise for the appointment of such upon your death. Simple wills enable the Testator (person who died) to have more control over who gets what upon their death. If someone dies without a will, then the Law of Intestate Succession will be applied to try to find a taker of the estate property. If there are no heirs, then a person's estate may go to the state where they lived.

LIVING WILLS - This is a document that gives your health care providers your written desires regarding your wishes about artificial means of life support. This document allows you make known your desire to either be disconnected from or remain connected to artificial means of life support if you ever become unable to communicate your wishes as a result of an accident, injury or illness resulting in your becoming terminally ill or your condition is such that you are in a permanent vegetative state.

HEALTH CARE POWER OF ATTORNEY - This document allows the principal to name an agent that will have the authority to act in the principal's best interests regarding health related issues not already addressed in a Living Will. Such powers generally include allowing the agent to act on behalf of the principal only when the principal is unable to act for himself or herself.

GENERAL DURABLE POWER OF ATTORNEY - This document allows the principal to name an agent that may have the authority to handle the financial affairs of the principal. The agent's powers can be tailored to the needs of the principal and are clearly spelled out in the document. Such powers are said to "durable" in that the powers are not extinguished or terminated due to the mental or physical disability of the principal. Such Power of Attorney does terminate upon written revocation by the principal or upon death. A proper General Durable Power of Attorney is recorded like a deed and executed like a will and becomes a matter of public record.

Should any client express the desire to have other estate planning devices implemented such as the living trusts, special needs trusts, charitable trusts or other estate planning devices, we will be happy make known to the client other well seasoned attorneys that do such work.