Make it Protect What Matters to You—Today, Tomorrow, and for Generations to Come
Estate planning is more than just the distribution of assets—it’s about supporting your loved ones now and safeguarding their future. At the Law Office of Nia D. Johnson, PLLC, our mission is simple yet powerful: to help you leave a legacy, prepare for incapacitation, and minimize the burdens of probate. We’re committed to carrying out your wishes properly, thoughtfully, and effectively.
What’s Included in a Comprehensive Estate Plan?
Ensure your plan covers all essential legal components:
Last Will and Testament
A legal document that directs who inherits your probate assets. Each state has its own requirements for validity, and wills typically must go through probate.
Trusts
Trusts come in various forms and offer a way to pass on assets without probate—provided the right assets are properly funded into the trust.
Power of Attorney (POA)
Grants someone authority to act for you—either broadly or with specific limitations—especially useful in cases of incapacity, as courts favor it over more restrictive guardianships.
Designation of Health Care Surrogate
Names a trusted person to make medical decisions on your behalf if you’re unable to do so—and lets you specify any treatments you do or do not want. You can also designate an alternate surrogate.
Living Will
A written guide stating which life-saving treatments you prefer—or wish to avoid—in cases when you’re unable to express your wishes yourself.
Deeds
A legal instrument assigning property rights. When properly executed, certain types of deeds can help real estate pass to heirs and bypass probate
FAQs
What is Estate Planning?
Estate planning is the process of organizing how your assets, property, and finances may be managed and distributed before or after your death or in cases of incapacity. When done properly, it can ensure your wishes are honored and can help minimize taxes and legal complications.
Who should prepare your estate planning?
Estate Planning should be done by an attorney well versed in this area of law as it involves making decisions that require professional judgment, which can be obtained only by years of training, experience, and study. Additionally, only an attorney with expertise in estate planning knows how to avoid the innumerable pitfalls and advise the course best suited for each situation. In addition, an experienced attorney will be able to coordinate the use of other skilled professionals, such as an investment adviser, actuary, insurance specialist, and tax accountant, to complete a proper estate plan. Even smaller estates can have complexities only foreseeable by the experienced estate planning attorney.
What is a Power of Attorney?
A Power of Attorney is a legal document delegating authority from one person to another. In the document, the maker of the Power of Attorney (the “principal”) grants the right to act on the maker’s behalf as their agent. What authority is granted depends on the specific language of the Power of Attorney. A person giving a Power of Attorney may make it very broad or may limit it to certain specific acts. It is beneficial in incapacity as the courts look to it as the least restrictive means versus guardianship.
What is a Living Will and Designation of Health Care Surrogate?
It is a legal document naming another person as your Surrogate to make medical decisions for you if you are unable to make them yourself. You may include instructions about any treatment you do/do not desire. You may also designate an alternate surrogate.
What Is a Trust?
There are many different types of trusts. Generally speaking, a Trust is a fiduciary arrangement that allows assets properly transferred to the trust to pass outside of probate. In a trust, the Trustee holds assets on behalf of beneficiaries giving the Settlor/Grantor more control after death. Trusts may be established in various ways for various purposes, allowing the Settlor/Grantor to specify exactly how and when the assets are distributed to the beneficiaries. Trust administration is the management and distribution of trust property.
What are the Benefits of a Trust?
Since trusts usually avoid probate (saving time and court fees), providing privacy, beneficiaries may gain access to assets more quickly than they might to assets that are transferred via a Last Will and Testament. Trusts give the Settlor/Grantor more control over the distribution of assets after death. Depending upon the type of trust established, other benefits may apply.
What is the difference between a Will and a Trust?
A Will is effective after death and must pass through probate, while a Trust can manage assets during your lifetime and allows for private distribution to beneficiaries without the need for probate.
How often should I update my Estate Plan?
Estate plans should be reviewed and updated after major life events, such as marriage, divorce, birth of a child, death of a beneficiary, purchase of real estate or any other significant changes in assets. Regular updates ensure your plan reflects updates to laws as well as your wishes and changing circumstances.