Estate Planning

Estate Planning Lawyers in Johnson County KS

Estate Planning is process of arranging for the distribution of one’s estate. A critical part of estate planning is creating documents that outline your wishes for distributing your assets after you die. Every state in America has laws governing the distribution of property when a person dies without an estate plan. If you have not made any provisions for the distribution of your estate before you die, your estate would be distributed according to your state’s “intestate succession” statutes. The question is not whether you will have an estate plan, but whether you will have an estate plan of your own selection or one imposed upon you by law. Meeting with an attorney to craft an Estate Plan is the best way to ensure that your assets are expediently transferred to the loved ones, organizations, or charities that you value most.

Amy Vinton has served as the trusted attorney for countless families and individuals over the past two decades for their wide range of estate planning and property distribution needs.

It is never too early to start arranging the future allocations of your assets. Planning ahead can save your loved ones from unneeded stress at an already somber time. In addition to planning and initial drafting, a change in circumstances may warrant a change in your already existing estate planning documents. Make sure your directives are up-to-date with how you’d like your estate divided amongst your loved ones.

If you have a loved one that has recently passed away without completing these estate planning processes, it is important that you contact a probate attorney so that you may protect your interest in the estate.

Whether it be trusts, wills, advanced healthcare directives, or probating an estate after a loved one’s death - Amy has the ability to help you preserve and manage the distribution your assets so that your family knows your wishes and has the necessary legal paperwork to ensure those wishes are carried out.

Vinton | Moore can assist with the preparation of

Wills: A will is a legally binding document that addresses how your assets will be distributed at your death. It nominates an executor who will assist with the administration of your estate. Settlement of your estate may be supervised by the probate court. This process depending on the nature of your estate depends based on the complexity of your estate and your relationship with loved one, lasting up to 6 months for a simple estate or up to 1-2 years for more complex estates.

Revocable Living Trust or a Family Trust: A Revocable Living Trust or Family Trust is a legal document that holds title or ownership to your real property and assets. The living trust is a written legal document that allows you, as the trustee(s), unlimited access to and full control of your assets during your lifetime. It also enables you to pass property after your death to family, friends and/or loved ones. It allows you to appoint someone (a successor trustee) to make certain your property goes to the ones you choose after your death. The main advantages of a trust is that it (1) does not go through probate, (2) it prevents the Courts from controlling your assets should you become incapacitated and (3) it gives you control over you’re the assets that you wish to leave to your family members. Additionally, a Living Trust provides the following benefits

Powers of Attorney: This is a legal document that provides another (your spouse, your child, etc.) the ability to sign legal documents on your behalf. Often these include a provision that they only take effect should you become incapacitated or unable to make decisions on your behalf.

Health Care Powers of Attorney: This is a legal document that provides another (your spouse, your child, etc.) the ability to make medical decisions on your behalf. Often these include a provision that they only take effect should you become incapacitated or unable to make decisions on your behalf.

Special Needs Trusts: A Special Needs Trust is a type of trust that holds funds for the benefit of a disabled person’s care and are a wonderful tool to ensure financial independence for a disabled family members when you are no longer around to provide the care.

Please reach out to Vinton | Moore so that we can discuss your goals and how those can best be achieved through the estate planning process.

Reasons to Review Your Estate Planning

Now is a good time to make sure that you have all of the documents in place to protect you, your children, your spouse, and your assets should something happen to you. Making sure that your wishes and desires are known provides you and your family with security and peace of mind.

As usual, it’s recommended that you work with an attorney who has estate planning knowledge when preparing your estate plan. Contact Vinton | Moore to discuss the best path forward for your family. Let us help you prepare for your future!

Probate

Probate is the process of identifying what a person owns upon their death, and if they own assets outside of a trust, or they have no beneficiary designations, or outdated beneficiary designations on their assets, the estate will then go through the probate process. Many individuals are under the impression that their will alone is sufficient to avoid probate. Unfortunately, a will is simply an expression of your wishes and must go through some kind of court process before the assets can be distributed to the heirs. Most importantly, a will is only valid if it has been filed and admitted to the probate court – which must be done within a specified amount of time.

The reason for probate is needed because the owner of the property or asset is deceased. Once the owner of the asset has died, probate court is the legal process needed to take their name off the title of an asset and put it in the new owner’s name.

The information on this website is for general informational purposes only and is not legal advice. Nothing in this website establishes an attorney-client relationship between Valerie L. Moore or Amy Vinton and the viewer.