Most people in Cheltenham have preferences about what should be done with their property after they die. This is why the process of estate planning exists - it authorizes people to make a broad range of decisions related to this issue.
Estate planning normally requires professional legal and financial advice, because of the complexity and importance of the issues involved. A poorly-executed estate plan can commonly end with survivors suing each other, and prevent your intentions from being effectuated.
Estate planning can have many positive effects on the planner during life, as well. These benefits are normally somewhat intangible, revolving around the peace of mind that comes with knowing that, after your death, you family will be taken care of and that they'll know what your last wishes are. Nonetheless, most people find this very valuable. To that end, you should come up with a power-of-attorney agreement. When you grant someone power of attorney, you have given them the power to make particular decisions on your behalf. You can grant them as much or as little authority as you want. Most people, however, give family members or life partners power of attorney with respect to medical care, so if they become incapacitated, their wishes will still be carried out.
If you want to maximize the odds that your wishes will be followed after your death, you should do everything you can to make them legally binding. While this is not always possible, a Cheltenham attorney will be able to make sure that, where it is possible, it is done.
Common Features of Cheltenham Estates
Will: This is the centerpiece of most estate plans. A will is a document written by a person (the "testator"), normally with the help of a lawyer, which says what is to be done with their property after they die. Most provisions in a will are legally binding, to the extent that ownership of the property legally passes to the named beneficiary. However, a will cannot compel a person to do anything against their wishes (though it can certainly state your preferences on the matter, phrasing them as requests).
Living Will: Living wills are also very important for most people. Basically, a living will tells everyone concerned (your next of kin, and your doctor) what type of medical care you want if you become incapacitated. It usually includes the circumstances under which a person wishes to be kept on life support, when they want to be taken off of life support, and, sometimes, instructions on when medical staff should and should not attempt resuscitation.
Power of Attorney: Power of attorney allows you to grant someone else (normally a trusted family member or friend) the power to make certain decisions in your place, with the same legal effect as if you had made them yourself, in the event that you become unable to do so (normally due to mental or physical incapacity). If you decide to give someone power of attorney, you should make your wishes known to them in advance, so they are more likely to make the same decisions that you would make, if you were able to. And, of course, you should only give this authority to someone with whom you would trust your life because that is, in some cases, just what you're doing.
Funeral Arrangements: You should make it very clear to the people handling your funeral what type of funeral you want, and what you want done with your body. You should not put these instructions in your will, because wills are commonly not read until days or weeks after the testator dies, by which point it may be too late to give their wishes on this subject effect.
Do I Need a Cheltenham Estates Lawyer?
A flawed estate plan in Cheltenham can result in those affected by it being confused as to your intent, which can then lead to disputes between them. A brilliant attorney can commonly avoid this confusion by ensuring that there is as little ambiguity as possible in your will and other related documents.