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 Frequently Asked Questions

What happens to the debt I leave behind during probate?
No matter what your will or trust says, whatever debt you have when you die will need to be settled. You could be forced to sell your property if your assets aren’t liquid. However, in most cases, trustees and executors may negotiate with creditors to pay off debts over time.
What is the difference between a Last Will and Testament and a Living Will?
The transfer of assets upon death is not part of a living will. The living will, also known as a healthcare directive, allows an individual (while they are alive and mentally capable) to entrust another person with the power to make decisions about their medical care if they become incapacitated.
How does a Revocable Trust avoid probate?
Property transferred into a living trust before your death won’t be subject to probate. After your death, the successor trustee transfers ownership to the beneficiaries you have named in the trust. The process usually takes a few weeks. The living trust ends once all property is transferred to the beneficiaries.
Can an executor of an estate be removed from their duties?
Some actions can be taken if a concern exists about how an independent executor performs their duties. They may include a review of the probate proceedings and a request for an accounting of the estate. It is essential to consult with a lawyer of your choice about questionable phases of the probate process to determine your rights.
What kinds of decisions can my agent make under the healthcare power of attorney?

A health care agent can make a variety of decisions, including:

  • Admission or discharge from a hospital or nursing home;
  • Your preferences for treatments or medicines, and
  • The people who have access to your medical records.

Agents can make these decisions only if you are unable to make them yourself, and they must follow your instructions while making them.

Get in touch with us today to see how we can help you plan your will.

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