Helping Plan for Your Legacy
You've spent years building security for your family. What happens to it when you pass away? The Law Offices Of Michael T. Sawyier can help you determine the best course of action to manage your estate and assets, and thus ensure your wishes are followed precisely when you're gone.
Plan for the long-term well-being and financial security of your family with the help of our Chesterton, Indiana based law firm which practices extensively in Porter, Lake and La Porte Counties in Indiana as well as Illinois and Michigan (where Mr. Sawyier is also licensed) . We will thoroughly analyze your estate and strategize the best ways to transfer your assets and minimize taxes, as well as establish guardianship for children and adults as necessary. We can also assist in all aspect of charitable gift planning, including charitable annuities, charitable lead trusts and charitable remainder trusts.
Every Estate Plan Should Include a Will
If the value of your estate is small, a simple will may be all you need. For estates with a larger value, having your assets held in a trust with a pour-over will as a backup may be recommended. This not only ensures that those assets will be protected from the claims of creditors of your intended beneficiaries, but is also the only means of controlling the use and benefit of those assets after your death.
Our firm can assist you with any changes your estate plan may need throughout your life. We can aid in updating your will whenever you'd like as well.
Learn About the Two Basic Types of Trusts
A revocable trust can be altered throughout the life of the individual who created it. It is so entirely the property of that person that is treated for income tax purposes as if it did not ever exist.
With an irrevocable trust, the details cannot be altered by the "grantor" after its creation. However, a great deal of flexibility can nevertheless be built into such trusts (such as Irrevocable Life insurance Trusts), by means of such devices as "trust protectors" .
Through careful tax planning including allocations of the grantors' Generation Skipping Transfer Tax at the time of creation of such trust, the assets in such trusts can be sheltered from any estate or gift taxes after their creation, even as they pass down from generation to generation.
Executors and Administrators
Our firm can also assist executors and administrators in the probate process. Probate is the legal proceeding ordinarily required to transfer title to the deceased individual's property ,owned in his or her individual name ("probate property"), to that individual's intended heirs or beneficiaries, upon death.
However, many forms of property, such as jointly owned property or property that is subject to a beneficiary designation are not probate property, and thus are not controlled by a will. It is important to keep this distinction in mind because wills do not control such property at all. For example, a father might want funds in his IRA account to pass on to his children, but he has listed someone else as the beneficiary. In this case the beneficiary designation would supersede the will and his wishes would not be carried out. That is why it important that we deal with ALL property held by an individual to make sure everything is covered.
If you're named as the executor in the deceased's will or would like to become the administrator of the estate of a loved one who didn't have a will, turn to the Law Offices Of Michael T. Sawyier. We can assist you in all necessary probate court matters and proceedings, including any related litigation.
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