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  • Why an Attorney?

 

 

 

 

 
 
 
Why an Attorney?  

Your estate is a legal matter. Like it or not, what happens to your property when you die is a matter determined by statutes and case law. As an attorney practicing in estate planning, probate, conservatorships, and estate and trust litigation, I realize how complex estate planning and end of life decisions are.

Like a doctor who sits down with you at a regular check up, asks questions about your health and family, looks carefully at your hands, listens to your heart, and generally becomes acquainted with your situation, a good estate planning attorney understands what issues to look for, what questions to ask, and what estate planning vehicles are available to you and advisable for you. There are many ways to invite trouble or walk directly into it if you don't realize that truly your estate is a legal matter. There are many books and courses you could take if you wished to build your own home and the law allows you to do so. Many people wisely choose to hire professionals to do it for them. As you consider passing on your most valuable asset --your estate-- to your family, friends, and charities of your choice, you too would be wise to hire a professional. Depending on your situation, spending a few hundred or few thousand dollars up front could save tremendous amounts of money, time, and legal battles after you die.

Hire a professional and get the job done right. Only attorneys are allowed to give legal advice. This is not to preserve a monopoly, it is because the law is often complex and requires experience, knowledge, and insight in its interpretation. Attorneys are licensed and trained to provide that type of advice and do it all the time. You wouldn't settle for less than a doctor in treating a disease or less than a licensed contractor when building a home, and you shouldn't gamble with your estate either.

Did you know that ...

• If you plan to give money to a non-family member caring for you, your wishes could be frustrated without special certification of your Will or Living Trust?

• If you have no Will or Living Trust, under some circumstances your parents could receive a share of your estate?

• If you intend to cut out children or others who would normally inherit from you, even executing a valid Will or Living Trust may not fully protect your estate and could expose your estate to a costly legal battle?

• Without a carefully drafted Power of Attorney for Health Care, any interested person can challenge decisions made under your Power of Attorney for Health Care?

• Although Living Trusts are very popular today and are often appropriate, probate may still be desirable under certain circumstances despite the cost and time involved?

You deserve the security of knowing that your estate is properly prepared. Don't settle for less.

Why not a Document Preparation Service?

How often have you seen ads for legal documents provided by a document preparation service or prepared by popular software programs or websites? Before heading in that direction, there are several things you should know.

No Legal Advice

Document preparation services, software, and websites cannot by law provide legal advice. The effect of this law is to prevent untrained and unlicensed persons from giving wrong, misleading, or incomplete advice with no accountability. Estate and tax laws are complex and require training, experience, and insight in their interpretation and application to any situation. Although such services often claim that your documents are reviewed by a professional, they seldom claim that your documents are reviewed by an attorney. For that reason you should not rely on them.

One Size (Does Not) Fit All

The general posture of document preparation services is to try to fit you into one of their pre-made documents. Would you be pleased with a shoe store whose task was to fit you into the closest sized shoe in their limited inventory? Naturally, you should be skeptical of any service that has "just the right document for your situation." Most often the documents supplied are global, one-size fits all documents which are marginally tailored to your specific needs. At Cornell Law Firm, every document is created by an attorney to meet your specific needs.

Cost Differences Aren't All That Different

First, we offer a free initial consultation at your location. No strings attached. Second, we never begin work without you knowing exactly how much it will cost, in advance. Third, many popular websites and document preparation services routinely exaggerate the cost of an attorney. It's probably not as bad as you think, so spending a few hundred or few thousand dollars up front depending on your situation may be the best thing you could do to avoid losing tremendous amounts of money, taxes, time, and legal battles after you die.

 
 

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