THE ESTATE PLANNING PROCESS
This article will explain the ins and outs of the estate planning process.
How much time and money will this take?
The classic lawyer answer is, “it depends.” Though this answer is cliche, it could not be more accurate. Many factors will determine how simple or complex your estate planning process is. Typical factors include:
Marital Status (Single, Married, Widowed, Divorced)
Parental Status
Real Property Ownership
Charitable Contributions
Trust Funds
Business Organizations
The resources it takes to complete your estate planning will also depend on your plan's depth. Every estate plan begins with your Last Will and Testament, but there are additional steps you can take to help your loved ones when you are gone. For example, you may wish to execute a Medical Power of Attorney, a Directive to Physicians, or a HIPAA Authorization Form.
Our mission at Baeza Legal Services is to expand the accessibility of legal services to underserved communities. In order to best fulfill this mission, we offer payment plans to best serve our clients.
What do I need to do as the client?
The most significant step is always the first step: deciding how to distribute each piece of your estate. You will no doubt think about your children and future generations. Perhaps you will leave a gift to a church, school, or non-profit. Take your time in making these significant decisions. Without a doubt, you will raise many questions. Hold on to these to discuss with your lawyer in your first planning meeting.
If you have already made an estate plan or made any funeral arrangements for yourself, please gather this information to discuss with your lawyer. Life insurance policies are not a part of your will, but it is always helpful to have your lawyer review the contract to explain any questions you may have. One frequent issue that arises with life insurance and estate distribution is what to do with proceeds if the intended beneficiary has already passed away.
The Typical Timeline
As described above, each estate planning process is unique according to many factors. However, the order in which you achieve your estate planning goals is usually similar.
First, you will have a brief meeting or phone call with your lawyer. Here, your lawyer will explain the process to you and answer your questions about the process itself. During this meeting, your lawyer will assign you “homework” described in the section: "What do I need to do as the client?". The primary purpose of this meeting is to schedule your planning meeting.
Your second meeting is your planning meeting. Here, you and your lawyer will discuss the homework you did on deciding who gets what. The time this meeting takes will depend on how complex your estate distributions are. Your lawyer will take careful notes and summarize your meeting before heading out to draft your will and other documents.
Once your lawyer has drafted the will according to your planning meeting, you will meet again to ensure that this draft represents your final wishes. If there are any changes, your lawyer will make them in preparation for your will execution ceremony.
At Baeza Legal Services, we recognize the seriousness of finalizing your estate planning documents. There will be a minimum of 24 hours between your final draft review and when you execute your will. This rule ensures that our clients have adequate time to review their documents and to feel comfortable before signing their estate planning documents.
Your final meeting is where you, a notary public, and witnesses (where necessary) sign your will and any other estate planning documents. Once everything is signed, we will make digital copies and print any physical copies you request. You will leave with all of your plans for safekeeping.
Congratulations! You have successfully planned for the future of your loved ones!