Twin Falls Estate Planning Lawyer

Very few Americans have an estate plan, which is a big mistake. Estate planning is a deliberative process for thinking through what you want to happen when you age. For some people, estate planning means creating a will, and that’s it. Although a will is a great foundation for any estate plan, you shouldn’t stop there. At Johnson May, we can also create trusts, living wills, and power of attorney documents. Give us a call to schedule a meeting with a Twin Falls estate planning lawyer.

What Should Go into an Estate Plan

The lawyers at Johnson May work closely with our clients to create comprehensive estate plans, which should include:

• Wills and trusts. You should identify your assets and who you want to inherit them when you pass. Wills and trusts are popular options, and you can use a trust to obtain tax advantages.
• Living will. You can decide what medical care you will receive when you have a terminal condition. A living will provides peace of mind but also control over what care you receive when you can’t speak for yourself.
• Durable power of attorney. One of the great fears of growing old is losing the ability to manage your affairs, including finances. You can create a durable power of attorney to designate someone to serve as your agent. You can also lay out what powers they will have.
• Healthcare power of attorney. Medical decisions are important, especially for elderly who lack capacity. We can draft a power of attorney to name an agent to make healthcare choices for you.
• Guardianship and conservatorship. You might seek guardianship or conservatorship when a loved one cannot take care of themselves. We bring these cases in probate court.
• Business succession. You need an estate plan for your business, also. Without proper planning, the wrong family members could gain control of the business, or your heirs might need to sell it. A clear succession plan adds value to any business and ensures stability and continuity.

This is a sample of the services we offer the Twin Falls community. Call us to find out more about what we can do for you.

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Estate Administration & Probate 

Johnson May also offers estate administration and probate services to our Twin Falls clients. When a loved one dies, their estate probably needs to go through probate. A trust also needs to be administered according to its terms.

Many legal complications can pop up for someone serving as a personal representative or trustee. Get the legal help you need. We can answer questions and defend you in court from disgruntled heirs or creditors.

Start Today

No one is too young to create an estate plan. You never know when something might go wrong. A tragic accident could leave you incapacitated or your children orphans. Having critical estate planning documents in place now offers protection to you and your family.

As your life changes, you can also revise your estate plan. For example, you might want to change your will by adding a codicil, or you can change the agent for your durable power of attorney. If you divorce, then it is appropriate to take a fresh look at your estate planning documents.

Estate Planning Mistakes

We have seen many people make critical errors when it comes to estate planning, and we hope you will avoid them:

• Avoid drafting your own will. There are templates online and even computer programs which people use. You can easily make mistakes. For example, you might fail to have two witnesses sign. Or you leave assets to a disabled loved one, which causes them to lose government services. An experienced lawyer can create a will properly.
• Don’t forget power of attorney and a living will. These documents are critical, even for younger clients. If tragedy were to strike—and you were to become incapacitated—then your family might disagree about what medical care you need. For the sake of family harmony, you should spell out your needs in these documents.
• Do not neglect to revise an estate plan. Certain life events should trigger a revision, such as marriage, divorce, or the birth of children. Ideally, you should revisit the plan every 5 years to see if you’d like to change anything. Call our law firm to go over an estate plan, even one you created when living in a different state like California.
• Avoid choosing an inexperienced attorney. This is one area of law where there are no do-overs. If you create a will the wrong way, a judge might set it aside after your death—and there’s nothing you can do. Hire someone with the right experience.

Don’t forget business succession planning. We have seen too many small and medium businesses fail after the founder dies without a clear succession plan in place.

Make a Call to Johnson May

Our firm provides comprehensive estate planning services for individuals and businesses in Twin Falls. An attorney at our firm can:

• Provide an overview of estate planning options;
• Discuss your estate planning goals, as well as your fears;
• Answer questions you have about estate planning;
• Identify potential legal problems like a disgruntled child and take necessary steps to protect you;
• Draft necessary estate planning documents and ensure they are created properly;
• Provide full estate planning services.

We can also help with any probate or estate administration matters. Our clients have included trustees, personal representatives, and others with a stake in administration. We can provide over-the-phone advice about how to tackle your duties, or represent you in probate court.

Speak with a Twin Falls Estate Planning Attorney

There has never been a better time to create an estate plan. At Johnson May, we realize that few people want to think about growing old or eventually dying. Nonetheless, you benefit by creating an estate plan while you have the capacity to make important decisions. Let us guide you toward the right estate planning solutions for your goals. Contact us to arrange a consultation with someone in our office.