Creates a plan for the orderly settlement of one's estate, transferring assets to named beneficiaries by your named fiduciaries. Other basic documents appoint individuals to manage your financial or medical affairs in the event of your disability, giving you peace of mind and helping to ease the burden on your family.
These documents are custom-tailored to achieve specific goals such as reducing estate taxes, achieving Medicaid (state-paid nursing home) eligibility, avoiding the delays and costs of the probate process, or providing for the continued management of assets for minors or disabled persons.
Probate is the legal process, (under the jurisdiction of the Surrogate's Court), by which one's assets are legally transferred to one's heirs in accordance with the terms of a Last Will and Testament. An Administration proceeding occurs when there is no Will, in which case assets are distributed in accordance with the laws of intestacy (by statute). Trusts can be settled very quickly, or last for the lifetime of beneficiaries, depending on the wishes of the creator.