MARK D. FREEMAN, ESQUIRE

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Be sure that your wishes are carried out

after you have departed this life.small logo

Frequently Asked Questions

Q. I don't have a will, do I need one? If you think your government should determine who should be guardian of any of your minor children, who gets your money, and who administers your estate, then you don't need a will. Otherwise, it is always a good idea to have an attorney draft a will for you so that when you are no longer here, your wishes are carried out, not the wishes of your government.

Q. I have a will and I name one of my children as executor, doesn't my executor have power of attorney also. A will only comes into effect after you die so your executor has no legal authority to act on your behalf while you are living. In addition to a will you should also have a power of attorney that appoints an agent who can act for you if you become incapacitated while you are living.

Q. Does a living trust protect my estate from having to pay inheritance tax? While a living trust avoids probate, it does not avoid death taxes, nor does it avoid the need for your trustee to account for the trust estate to the beneficiaries. In many ways administering a living or revocable trust is just like administering and estate.

Q. What is a living will? A living will is a document where you express your wishes about whether you want heroic measure taken to keep you alive if you should end up in a permanent state of unconsciousness. Living wills are also referred to as advanced health care directives.

Q. Why shouldn't I use the discount fill in forms I can find on the internet? If you understand the probate process, wills, trusts and estates and you know all of the legal issues surrounding your estate, an online form could possibly be sufficient for you. However, those sites are simply fill in forms, they cannot give you legal advice. Be sure to review their disclaimers which usually say things like they are only a document preparation service and "are not a law firm," that you "represent yourself," all they do when they review is to check for grammar and name spelling, and that they do not provide legal advice. In contrast, Mr. Freeman is a licensed attorney who will personally review your information with you and draft legal documents tailored to your family's unique circumstances. It may be helpful for you to download Mr. Freeman's questionnaire and see all of the information he will review with you so that he can properly advise you about your estate. In addition, Mr. Freeman personally conducts your signature appointment where you sign and execute your documents. He ensures that your documents are drafted, signed properly, witnessed and notarized in a way that complies with the law so that there are no surprises when you need them.

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The purpose of this site is to provide useful information about wills, estate planning and estate administration. It is not intended to provide legal advice.You should consult a competent estate planning and/or estate administration attorney before acting on any of the information contained on this site.