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Estate Planning is the process of planning the transfer of your personal assets at death to your beneficiaries. The attorneys at Millhorn Law Firm will help you plan your estate in a manner that meets your goals, whether drafting a Last Will and Testament or a Revocable Living Trust. We are sensitive to the personal nature of estate planning and will address your unique needs.

In addition, we will create durable powers of attorney with health care surrogate provisions to ensure that in the event you become incapacitated you have appointed someone to make financial and medical decisions for you. Living Wills are also important to include in your estate plan. Living Wills give specific instructions to your doctors and loved ones concerning the withholding of life prolonging treatment in the event you are diagnosed with a terminal condition.

Last Will and Testament

• Must go through probate.
• The instructions for the final disposition of your assets upon death.
• Appoints a personal representative to handle the disposition of your estate.
• A spouse may be entitled to 30% of your assets regardless of the language of the Last Will and Testament.

• A Probate Court proceeding where a person's estate is administered and assets distributed, all under court supervision. Probate proceedings are open to the Public.
• Can be costly. Estate administration can cost 5% to 6% or more of the value of the assets in the estate.
• Can be lengthy. Estate administration can last nine (9) months to one year or longer.
• Can be avoided. Probate can be avoided using proper estate planning.
• A separate probate is often required in each state where real property is owned.
• Generally requires hiring an attorney.

• A Living Trust is a legal document that resembles a will. It contains instructions for the management of assets should the Trust Creator(s) become disabled, and directions for the distribution of assets upon death.
• The Creator(s) of a trust retains total control of all assets. The Trust can be changed or revoked at any time.
• Can avoid probate.
• Can avoid or greatly reduce estate taxes, for a Husband and Wife, when their estate subject to the estate tax.
• Can avoid guardianship by providing for the management of assets should the Creator become incapacitated or incompetent.
• Can provide for asset administration when property is owned in more than one state and avoid multiple probate proceedings.
• Can provide for a fair distribution of assets when husband and wife are married later in life, each having separate assets and families, when combined with a valid Pre-Marital or Post-Marital Agreement.
• Can provide income for a handicapped loved one.
• Can prevent a child from wasting his or her inheritance.

• Appoint a person to handle your affairs for you. You provide that the power of attorney retains its full force and effect even though you later become incapacitated and unable to act.
• If created properly, use of the power of attorney can avoid guardianship Proceedings.
• ower of attorney can be created, but not given to the person chosen, until needed in the future.
• A very powerful document. Choose your attorney-in-fact carefully.
• Power of attorney ends at the death of the Creator.

• A declaration stating that if a person is terminally ill, with no expectation of recovery and death is imminent, then life-prolonging procedures may be withheld or withdrawn.

In April 2003, a change was made in the medical privacy law that affects the way your Successor Trustee and/or Health Care Surrogate are able to act for you.

The HIPAA Privacy Rule requires hospitals and other institutions to limit disclosure of protected health information. The problem with the HIPAA Privacy Rule is that it requires institutions to make their own assessment of what is considered protected health information. Hospitals and other institutions, afraid of the potential penalties, have restricted medical information to a patient’s Health Care Surrogate, Successor Trustee and even the Spouse.

Consequently, we have heard numerous stories of hospitals that have refused to provide a patient’s spouse and Health Care Surrogate with medical information without the necessary authorization in the Durable Power of Attorney and Revocable Trust. The solution to this problem is as easy as a simple Trust Amendment and revised Durable Power of Attorney. With this simple designation in your Revocable Trust and Durable Power of Attorney with the HIPAA waiver, your Health Care Surrogate and Successor Trustee can act on your behalf and make any necessary medical decisions. To ensure that you and your family are not faced with this problem, your Revocable Trust and Durable Power of Attorney should include the HIPAA Privacy waiver.