At Christenson & Fiederlein, PC, our attorneys are committed to providing quality  advice in all aspects of its representation for our clients.

We will review your estate planning needs and draft an estate plan that satisfies your long-term goals with your costs in mind. We highly recommend that all persons have a durable power of attorney for health care (ie. Living Will) and a durable power of attorney for financial matters should they become incapacitated. 

Depending on your assets and long term goals, we may prepare a simple Will, a joint trust or separate trusts.  A Will is a legal instrument which a person signs indicating how his or her estate is to be distributed upon death. It also designates the individual(s) who is to be put in charge of handling the estate.  A Will does not avoid probate court but is a way of distributing your probate assets at death to the beneficiaries that you name in your Will and by the person you appoint to handle your estate (i.e. your Personal Representative or  executor).  Having a Will avoids the state statutory scheme call intestacy (dying without a will).  For example a husband and wife dies with children, husband is entitled to the first $160,000.00 (may also include household and other exempt assets) and the rest of the estate would be split between the husband and the children.  I am sure this was not your intention.  Therefore, a Will or other estate plan is necessary. 

It is important that you understand that nature of joint accounts, deeds with rights of survivorship, beneficiary forms, payable upon death accounts, IRA/401 K designations to avoid potential pitfalls.  Did you know that if you deed your property joint with right of survivorship to your child and your relationship goes sour that you may not be able to remove him from the title.  That a child you placed on your joint account does not have to share it with the other siblings after your death.   

Although this is a lot of information, it is imperative that you discuss an estate plan with your lawyer.  It is affordable and avoids potential family divorces when you die as your failure to act may have a negative effect on future family harmony if you do not understand the nature of your estate plan (or distribution of your estate at death).