Connecticut Will Attorneys
The most common estate planning documents are wills and living trusts. Both allow individuals to document how they wish their property to be distributed after their deaths. The primary difference is that a living trust is established and funded currently and continues until the death of the person who benefits from the trust, while a will is valid only after the death of the testator. Another difference, one that is often cited, is that trusts are not subject to the probate process while wills must be probated by the courts.
There are pros and cons of each type of estate planning document. It is important to discuss your circumstances with an experienced attorney who can help you decide which will best meet your goals. At the Danbury law firm of Riefberg, Smart, Donohue & NeJame, P.C., our lawyers draft all types of estate planning documents, including wills and trusts. We work with clients to ensure that their estate plans include all needed documents, whether they chose a will or a trust as an estate planning instrument.
A living trust is one in which the trustor's assets are transferred to a trust during his or her lifetime. Usually the trustor is the beneficiary of a living trust and can control the assets. There may be tax advantages to this type of trust. However, it is critical to consult an experienced attorney to learn whether these benefits would apply in your circumstances.
Most estate planning lawyers recommend that everyone have a will, even when a living trust has been executed. A will can deal with assets that the person neglected to include in the living trust, preventing those assets from passing to someone other than an intended beneficiary.
Other Estate Planning Documents
In addition to drafting wills and trusts, our attorneys prepare other estate planning documents that include:
- Advance health care directives (sometimes called living wills) that contain instructions about end-of-life health care and identify a person who can make health care decisions in the event of incapacity
- Powers of attorney that designate another person to make financial decisions in the event of incapacity
We draft all estate planning documents to reflect our clients' specific circumstances and intentions.
For more information, contact Riefberg, Smart, Donohue & NeJame, P.C., to schedule a free initial consultation with our Danbury living trust attorneys.