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Any communication through this email does not create an attorney-client relationship. An attorney client relationship is only created by signing a "Fee Agreement"

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ESTATE PLANNING

You have spent your whole life working to save for a rainy day or to provide a better life for your children and grandchildren. Perhaps you have a charitable organization you really believe in and you think needs your help? If you died today, what would happen to the savings you worked so hard for? The Law Office of Jonathan W. Cole can help you determine the best way to transfer your assets before death to ensure that the people or organizations you want to get your assets, receive as much as possible.

Will

Every estate plan should include a Will. If your estate is small, then a simple will may be all you need to transfer your assets. If the value of the estate is larger and includes real estate, it is probably better to transfer your assets into a trust and have a pour-over Will as a back-up. This can help avoid probate and lower estate taxes. If you die with assets outside of the trust, the pour-over will directs the assets to "pour" into the trust and be distributed in accordance with the trust's directions. Additionally, if you have children under the age of 18, a Will can establish who would be their guardian in the event of your death.

Trusts

There are two basic types of trusts: revocable and irrevocable. A revocable trust can be altered during the life of the grantor/maker. The assets held in a revocable trust at the decedent's death are subject to the estate tax. Conversely, an irrevocable trust generally cannot be altered after you create it. The assets held in an irrevocable trust at the decedent's death are not generally subject to the estate tax. For larger estates, our firm can use tax-advantaged gifting strategies allowed by the Internal Revenue Service to get more of your property to those who you want to have it.

Powers of Attorney

Purpose: The Principal will designate an Agent who should always act consistent with the wishes of the Principal.

POA Property

The agent may be authorized to:
  1. Buy and Sell Property/Real Estate
  2. Manage all money
    • Checking Account
    • Savings Account
    • CD's (certificate of deposit)
    • Money Market Accounts
    • Etc.
  3. Buy or Sell Personal Property
    • Furniture
    • Collections
    • Clothes
    • Etc.
  4. Manage/Access Safe Deposit Boxes
  5. Buy Insurance and Handle Retirement Plans
  6. Handle Tax Matters
  7. Initiate/ Defend Litigation
  8. Acquire Social Security Benefits
  9. Deal with Stocks, Bonds, and Options
  10. Borrow Money in Principal's Name

POA Health Care

Discussing the Issues: Principal and Agent are encouraged to talk about their values and what kind of medical care they might want—or not want—in certain circumstances.

Would want to be revived if:
  • your heart stopped
  • your breathing stopped
Various forms of life-support:
  • breathing tubes
  • feeding tubes
  • respirators
  • artificial nutrition
  • artificial hydration
  • kidney dialysis
  • other machines
Does the Principal have a "Do Not Resuscitate Order"?

Does the Principal want CPR (Cardiopulmonary Resuscitation)?

Would the Principal refuse a blood transfusion on the basis of personal belief?

The agent may be authorized to:
  1. Give, refuse, or withdraw consent to all types of medical care. Including physical and mental health:
    • Medication program
    • Surgical procedures
    • Life-sustaining treatment
    • Provision of food and fluids
  2. Admit or discharge the principal from Medical Facilities for any type of physical condition.
    • Hospitals
    • Institutions
    • Homes
    • Residential or nursing facilities
    • Treatment centers
  3. Contract for health care services and facilities in the name of the principal
  4. Examine and copy all medical records
  5. To order an autopsy be made and direct the disposition of the deceased's remains.
Information provided in this website is for informational and advertisement purposes. The information contained here should not be construed as legal advice. Each case is different, and the proper steps to proceed with a case is specific to the facts of every situation.