We know that you may have questions. We encourage you to contact us. Know that you are in good hands when you come to our law practice. After all, attorney Todd Whatley became Arkansas’ second Certified Elder Law Attorney in 2006. He is the immediate past President of the National Elder Law Foundation, which is the certifying organization for Certified Elder Law Attorneys nationally. He will be able to work with you and find the solutions that best meet your needs.
Estate planning is important because it provides a framework to protect us both in life and at the time of our passing. Most people believe that estate planning is simply about creating a last will and testament or a trust agreement to transfer wealth at the time of our death. This is not the case. Estate planning protects us with our lifetime concerns as well as create the framework for our legacy.
We do not recommend this. There are more and more “estate planning solutions” out there that provide documents to you. Unfortunately, in our experience, we have seen a number of these documents fail either through a missed question or missing statutory requirements. While it may seem quick and easy to start, it is often not sustainable and can cost you more money in the end.
Estate planning is about more than money. It’s about protecting you during life, and then you and your loved ones at your death. You need to decide now who is your decision maker for your health care and your legal choices. Without choosing these lifetime protections, you are at risk of needing some form of court involvement before the time of your passing. Further, without an estate plan, your assets will be distributed at the time of your death under the Arkansas intestacy laws, which may or may not be what you want would have wanted.
There are types of estate planning that, when completed, can avoid the probate process. You may meet with us to discuss your goals and let us help you create a path to avoid the probate process, if this is what you wish.
A power of attorney gives legal authority to the person you choose to act for you when you are unable to do so. The durability provision allows this person to act in the event that you are incapacitated. This is an estate planning tool that everyone needs and we encourage you to ask us your questions throughout the estate planning process.