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Trusts and Estate Planning

A trust, be it revocable or irrevocable, is a contract you make with yourself. You write the rules of the trust and say how assets owned by the trust are used (1) while your healthy, (2) when you become incapacitated, and (3) after you die. What's important about a trust based estate plan is while we are rudimentary creatures of blood and flesh, the trust endures and continues on after our deaths. As such, assets owned by the trust do not need to pass through probate to change the owner of that asset, because the trust does not die with its creator. Avoiding the probate process can save the estate a lot of time, publicity, and money, but keep in mind that the probate court must always receive and review the estate tax return of the deceased. This makes trust planning an excellent estate plan accomplishing many of the usual estate planning goals people have, and it also serves as a flexible base for clients who require more advanced planning.


A living trust estate plan would always include:

  • Revocable Living Trust
  • Pour Over Will
  • Powers of Attorney
  • Appointment of Healthcare Representative
  • Living Will
  • HIPAA Waiver
  • Designation of Conservators
  • Personalized Instructions for Survivors
  • Instructions to Successors

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Wills

When you create a will, you are putting your final wishes in writing. This document will guide your loved ones on how to distribute your assets and property after you pass away. A will is an important tool that can help avoid family disagreements and conflict. It is a legal document that can be used to express your wishes regarding your funeral arrangements and other matters. If you have young children, a will can also be used to appoint a guardian for them. With Ed Lowe Law, creating a will is a simple process, but it is one of the most important things you can do for yourself and your loved ones.

  • Wills

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  • Incapacity

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Incapacity

When it comes to making decisions about your medical care, you should have control over what happens to you. That's why Incapacity Directives are so important. If you become sick or injured and can't make decisions for yourself, an Incapacity Directive gives your loved ones or other designated surrogate decision-makers clear instructions about the kind of care you do or don't want to receive. It's a way to make sure your wishes are respected, and that you get the best possible care according to your values and beliefs.

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Power of Attorney

A Power of Attorney document is a legal way to give someone else the authority to act on your behalf. This could be for a number of reasons, such as if you are unable to represent yourself due to illness or injury. The person you appoint as your agent will be able to make decisions on your behalf, so it is important to choose someone you trust.


A Power of Attorney can be used for a variety of purposes, such as managing your financial affairs or making medical decisions on your behalf. It is a flexible document that can be tailored to your specific needs. You can give your agent as much or as little power as you like, and you can revoke the Power of Attorney at any time.

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  • Conservatorships

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Conservatorships

When it comes to protecting your loved ones, there is no such thing as being too cautious. That's why conservatorship is such an important legal status to have in place. Essentially, a conservator is a court-appointed individual who is responsible for managing the financial and personal affairs of someone who is unable to do so themselves. This could be due to a number of reasons, such as mental incapacity or age. In some cases, a conservator may also serve as a guardian, responsible for establishing and monitoring the physical care of the individual and managing their living arrangements.


At its core, a conservatorship is all about giving you peace of mind that your loved ones are being taken care of in the event that you are no longer able to do so yourself. Whether it's due to an unexpected accident or illness, or simply the aging process, having a conservator in place ensures that your loved ones will be looked after in accordance with your wishes. So if you're looking for a way to protect your family, a conservatorship may be the perfect solution.

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Asset Protection

Asset protection planning is a financial strategy used to protect your assets from creditors. By using asset protection techniques, you can limit creditors' access to your valuable assets while still complying with debtor-creditor law. This type of planning is essential for anyone who wants to safeguard their wealth and their financial future.


With asset protection planning, you can choose which assets you want to protect and how you want to protect them. There are many different asset protection strategies available, so you can tailor your plan to your specific needs and goals. The most important thing is to make sure that your assets are safe and secure from creditors.


Asset protection planning can be a complex process, but it doesn't have to be. With the legal professionals at Ed Low Law, you can create an asset protection plan that meets your needs and gives you peace of mind.

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  • Medicaid

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Medicaid

If you or a loved one are facing the high cost of long-term care, Medicaid Planning may be a good option for you. Medicaid is a federal assistance program that helps those who are financially eligible pay for the cost of long-term care.


To be eligible for Medicaid, there are strict financial requirements that must be met. However, if you are able to qualify, Medicaid can help cover the cost of long-term care, as well as other medical and healthcare benefits.

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Probate

When it comes to estate planning, the probate process is an important but often misunderstood element. Probate is the formal legal process that gives recognition to a will and appoints the executor or personal representative who will administer the estate and distribute assets to the intended beneficiaries.


At Probate Process Planning, we can help you navigate the often complex probate process. We'll work with you to determine whether a probate proceeding is necessary, and if so, we'll help you bond the fiduciary and prepare all required reports. Most importantly, we'll ensure that your assets are distributed according to your wishes.

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  • Trust Administration

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Trust Administration

If you're looking for a way to manage, protect, and distribute your assets, trust administration may be the answer. A trust is a legally binding agreement in which you transfer your assets to another party (the trustee). The trustee then manages and protects those assets according to the terms of the agreement. Trust administration can give you peace of mind knowing that your assets are in good hands and will be managed according to your wishes.

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