Estate Planning with DeCourcy Law

Everyone needs to consider their legacy and how their assets will be handled after their passing.  The attorneys at DeCourcy Law are experienced and knowledgeable estate-planning lawyers serving the twin cities and surrounding areas.  Relying on do-it-yourself programs or inexperienced attorneys can cause significant problems and expense for heirs and loved ones.  Ambiguities in a will or trust, or not following all of the necessary formalities in executing the documents, can cause expensive mistakes and contentious courtroom challenges to your estate plan, so it is always important to consult with experienced estate-planning lawyers like those at DeCourcy Law.  We will help protect your legacy. 

We will always meet with you for a free consultation to discuss your wishes and explain how we can help you achieve your estate-planning goals in the most efficient, cost effective manner.  We will work with you to develop a comprehensive and complete estate plan, which can also help protect your wishes during incapacity by providing healthcare directives and powers of attorney.  We will also help you understand the future implications of your estate plan, including potential tax liabilities. 

Some of the estate-planning services we provide are:

Wills

A will is a formal legal document that directs how you want your property and assets distributed upon your death.  In your will, you appoint the people who you want to carry out your wishes, as well as guardian(s) to care for your minor children, if you have any.  The attorneys at DeCourcy Law are experienced in drafting wills to fit the specific needs and desires of our clients; please contact us to arrange a free consultation to discuss how we can help protect your legacy.

What happens if you don’t have a will or other estate-planning measures in place?  Dying without a will or other estate plan is called dying “intestate”.  If you die intestate, state statute will decide how your assets and property will be distributed, regardless of your true wishes before your death.  Thus, it is important to create an estate plan to make sure you provide for those who you want to protect.

Probate

When someone dies with a valid will, that will must first go through probate – a court procedure – before the deceased’s estate assets can be distributed.  The attorneys at DeCourcy Law can guide you through the probate process to minimize costs and to distribute a deceased loved one's estate as quickly as possible. 

Trusts

A trust is method of owning and transferring assets.  A trust can substitute for, or compliment, a will depending on how it is formed.  A trust is created by a grantor, who transfers property into the trust, which is then held and distributed by a trustee for the benefit of certain people or organizations according grantor’s wishes.  There are many different kinds of trusts, all of which offer certain benefits to a grantor and the beneficiaries.  The attorneys at DeCourcy Law are experienced estate-planning attorneys who will understand your needs and help you decide if a trust is right for you and your legacy.

Some of the different types of trusts include:

• Revocable living trusts
• Special needs trusts
• Insurance trusts
• Spendthrift trusts
• Discretionary trusts
• Honorary trusts
• Charitable trusts
• Support trusts

Other Ways to Transfer Assets

Our attorneys can also discuss other ways you can transfer assets and property on death that can streamline asset transfers and minimize costs.

Incapacity Planning

Although it may be difficult to think about a day when we are unable to make important decisions for ourselves, it is important to create a plan now that can address future decisions and choices upon incapacity.  DeCourcy Law attorneys will counsel and provide the means to protect your wishes upon incapacity using tools including health care directives, powers of attorney, guardianships and conservatorships, and special needs trusts.

Guardianships and Conservatorships

If a loved one is no longer able to care for him or herself, it is possible for you to petition the court to become the person’s guardian and/or conservator.  A guardian is appointed to manage the day-to-day personal care of the person, while a conservator is appointed to manage the person’s finances and assets.  Through conservatorship planning, it is also possible to prospectively appoint a guardian or conservator on your behalf should you ever become incapacitated.  This technique can ensure that you are cared for only by those whom you trust.

Attorneys at DeCourcy Law are skilled and experienced with guardianships and conservatorships, and will help you navigate the process so that you can continue protecting your loved one’s interests.