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Wills, Trusts & Estates

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V. Estate Planning<br />

Estate Planning is the process of anticipating and arranging, during a person's life, for<br />

the management and disposal of that person's estate during the person's life and at and<br />

after death, while minimizing gift, estate, generation skipping transfer, and income tax.<br />

Estate planning includes planning for incapacity as well as a process of reducing or<br />

eliminating uncertainties over the administration of a probate and maximizing the value<br />

of the estate by reducing taxes and other expenses. The ultimate goal of estate<br />

planning can be determined by the specific goals of the client, and may be as simple or<br />

complex as the client's needs dictate. Guardians are often designated for minor children<br />

and beneficiaries in incapacity.<br />

The law of estate planning overlaps to some degree with elder law, which additionally<br />

includes other provisions such as long-term care.<br />

Devices<br />

Estate planning involves the will, trusts, beneficiary designations, powers of<br />

appointment, property ownership (joint tenancy with rights of survivorship, tenancy in<br />

common, tenancy by the entirety), gift, and powers of attorney, specifically the durable<br />

financial power of attorney and the durable medical power of attorney.<br />

More sophisticated estate plans may even cover deferring or decreasing estate taxes or<br />

business succession.<br />

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