Estate Planning

Customized Estate Planning Designed Specifically for each Person.
We combine years of Legal expertise with an honest, down to earth approach.
At Atrium Legal Group you are a person, not just a client.

Revocable Living Trust

A Revocable Trust serves a number of purposes. One important purpose is that assets in the trust will not be subject to probate administration. However, any property that is not transferred into the Revocable Trust and that is probate property will pass under your Wills and will be subject to probate. Also, another advantage is that you have named a successor Trustee in the Trust document who will be able to manage your financial and other business affairs should either of you become incapacitated. This may avoid a guardianship proceeding at the courthouse, and it could save you and your family considerable time and money.

Miller Trust

A Miller Trust is a specific trust that adjusts an individual’s income downward, usually in an attempt for the individual to be eligible for certain types of governmental programs. Usually, a Miller Trust is used to establish eligibility for Medicaid.

Charitable Trust

A Charitable Trust is a set of assets that a donor gives over or uses to create a charitable foundation. These assets are held and managed by the charity for a specified period of time. Either all, or a portion, of the income generated by the assets is retained by the charity.

Irrevocable Life Insurance Trust (ILIT)

An Irrevocable Life Insurance Trust (ILIT) is a type of Trust which is both the owner and beneficiary of one or more life insurance policies. When the insurance policy is paid out to the ILIT, it provides liquidity of assets to pay State/Federal Estate Taxes, without adding to the value of the Estate.

Special Needs Trust

A Special Needs Trust, sometimes known as a needs trust, is a type of Trust that allows a disabled individual to be a beneficiary of an Estate. The inheritance is then held for his or her benefit, in Trust, without disqualifying the beneficiary from receiving government benefits. 

Wills

A simple Will dictates how you want all of your property to be distributed. It names an Executor (the person in charge of following your wishes) who hires a probate attorney to take the Will to Probate Court. After the Judge validates the Will your Executor then distributes all of your assets (home, cash, possessions) according to the Will. WILLS MUST BE PROBATED.

Advance Directive or Living Will

The Advance Directive, also known as a Living Will, allows you to make decisions about whether or not you would like to receive life-sustaining treatment in two specific scenarios. Make sure you discuss your choices with your family members so they understand your wishes.

Designation of Guardianship

Designation of Guardian for Minor Children allows you to nominate a person(s) to act as the guardian of your minor child. The designation can be effective either during life or after death. For example, you may become incapacitated and unable to care for your minor children.

Assignment of Personal Property and the Personal Property Memorandum

The Assignment of Personal Property places all your non-titled assets into your Revocable Trust. However, if you choose to specify an item be given to a specific person you can fill out the Personal Property Memorandum.

Powers of Attorney

General Durable Powers of Attorney

The General Durable Powers of Attorney are designed to allow the designated person or persons to manage your financial affairs should you become mentally unable to do so. You will notice that the powers you give to your agent are listed on the first page of the document. These powers allow the agent to act on your behalf, but they are limited. Any action taken must better your situation or be an action you would perform normally. Otherwise, the agent is liable.

Medical Powers of Attorney

The Medical Powers of Attorney allow the designated person or persons to consent to medical care on your behalf should you suffer an injury or become mentally disabled. The Medical Powers of Attorney are designed to become effective if, either of you becomes unable to make your own health care decisions, AND that fact is certified in writing by your physician. The agent you appoint may consent, refuse to consent, or withdraw consent to medical treatment. Your agent’s authority begins when your doctor certifies that you lack the capacity to make health care decisions. Unless you state otherwise, your agent has the same authority to make decisions about your health care as you would have had. However, they Do Not have the ability to change your Advance Directive/Living Will or your Do Not Resuscitate orders.