Canton Estate Planning Attorney

Guiding You Through Life’s Most Important Decisions

Although most individuals have concerns about what will happen to their family members after they pass away, many are unfamiliar with the benefits of estate planning. Being prepared for what lies ahead is the best way to ensure that your family has the financial resources they need after your death. Proper estate planning can also help you protect your hard-earned assets from creditors or a nursing home should you require long-term care.

The Law Offices of Ericson, Scalise & Mangan, PC is a Canton, CT law firm dedicated to helping families and individuals plan for themselves. If you have questions or are interested in creating a comprehensive estate plan, contact our Hartford County law office today to schedule a consultation.

What Legal Protections Can Estate Planning Offer to My Family?

The primary goal of estate planning is to ensure that you, your family members, and other beneficiaries are protected. Some of the most significant legal protections offered by estate planning include:

Avoiding Probate

Connecticut law dictates that unless an estate is valued at under $40,000, it must go through probate, even if the decedent left a will. However, a skilled estate planning attorney can assist you with creating trusts and beneficiary designations that can help your heirs and beneficiaries avoid costly and time-consuming probate.

Guardianship for Minor Children

Although most individuals believe that their children would be placed with family members, this is not necessarily true in all situations. If you have minor children, you must designate a guardian, usually in a will, who will care for them if you pass away.

Powers of Attorney

A comprehensive estate plan should always include legal documents such as a power of attorney or a designee who can handle or make financial or healthcare decisions on your behalf. Having these protections in place can help to avoid guardianship proceedings if you should become incapacitated.

Asset Protection

Estate planning is an effective method for protecting your hard-earned assets. Your lawyer can create tailored legal strategies, such as creating trusts that safeguard your assets and property from creditors or long-term care facilities, should you need nursing home care.

Other legal protections include setting up a special needs trust for a family member so they can have financial resources without jeopardizing essential benefits and minimizing estate taxes.

What Legal Documents Should Be Included in an Estate Plan to Protect Me if I Should Become Incapacitated?

No one knows what the future holds. If you were to become incapacitated, a court could place you under guardianship and appoint someone not of your choosing to make decisions for you. Guardianship or conservatorship proceedings are often costly and traumatic for loved ones.

To avoid your family having to deal with legal fees and court appearances, the most practical solution is to create a personalized estate plan that covers potential issues that may arise. Some of the most essential legal documents that can protect you if you should become incapacitated include healthcare directives that express your wishes.

Legal documents that can protect you should you become incapacitated include:

• A medical power of attorney: In Connecticut, you can appoint a person you trust to make healthcare decisions on your behalf. Having a pre-determined Appointment of Healthcare Representative will prevent family disputes and ensure care decisions can be made without delay
• A living will: Under state law, individuals may create living wills that dictate their care preferences should they be unable to speak for themselves. Unlike a medical power of attorney, a living will does not require someone to make decisions, but provides guidelines for the care you do or do not wish to receive
• A do-not-resuscitate order (DNR): An official document that states whether a person does not want life-saving measures performed under specific circumstances

How Often Should I Update My Estate Plan?

Even if you have an existing estate plan, it is recommended that you update it regularly. Several scenarios can facilitate the need to revise your estate plan. Keeping your estate plan current can help your family avoid legal disputes after you pass away. Some of the most common legal disputes that can result from an outdated estate plan include family disputes that end up in probate court, unintended beneficiaries, and legal issues stemming from a family member becoming incapacitated.

It is recommended that you routinely review your estate plan every two to three years. Depending on your circumstances, it is most likely best to complete a comprehensive overhaul every five years. If you experience a significant life change such as marriage, remarriage, divorce, or the death of your spouse, you must revise your estate plan immediately. Other strong reasons to immediately revisit your estate plan include the birth of a child, the death of a beneficiary, or an increase or decrease in wealth, to name a few.

A knowledgeable attorney who can assist you with your estate planning needs. The Law Offices of Ericson, Scalise & Mangan, PC has a proven reputation for assisting clients with the legal nuances involved in thorough estate planning and is committed to helping you achieve your goals.

Contact Our Estate Planning Attorney in Canton, CT to Learn More About Our Legal Services

Regardless of where you are in life, you can benefit from comprehensive estate planning. Whether you are a young family just starting out in life or have concerns about how to obtain Medicaid benefits without losing the assets you have worked a lifetime to build, it is in your best interest to consult an estate planning attorney to assist you.

The Law Offices of Ericson, Scalise & Mangan, PC, is committed to helping clients navigate the CT estate planning process so they can be prepared for whatever lies ahead. For your convenience, you may contact us at our New Britain office at 860-854-3809 or in Avon at 860-854-3545 to schedule a consultation.