Law Office of Alicia Porter

A lot of times, clients come to appointments, and say that they want estate planning information. In order to best prepare for the meeting, here are some questions that clients may want to consider before the appointment, so that they can get the most effective use out of their time with their attorney. (Please note, this is just a sampling of some of the issues that may come up).

What are the types of documents you are seeking? Do you want a will? A power of attorney for medical care? A medical scenarios directive? A general power of attorney? A trust so that your estate can avoid probate? A financial plan? Burial directions? Information on donating your body to science? A special needs trust for a disabled spouse, should something happen to you? A partnership agreement that has provisions for your business in case you or your partners dies? To find out what your tax options are for your estate? Do you want to set up a trust to support one of your favorite charities? Do you want to set up an educational trust for all of your grandchildren? Do you want to figure out a strategy on how to manage a trust that you are currently the beneficiary? Do you intend to adopt children, and want to know what your options are? Alternatively, have you had difficulty conceiving, but need to make provisions for eggs, embryos and sperm that may be frozen while you are trying to conceive? Are you in a same gender relationship, and want to plan with your partner? Do you want to consider videotaping a statement for the benefit of the court should there be a need to protect your children from a particular family member? Are there people in your family that you know will cause problems when you die, and you want to minimize the hassles for your family? Do you want to set up a care and maintenance trust on behalf of your beloved pet?

Knowing what you want to do before you come to see an attorney can help you and the attorney both formulate a plan that best meets your estate planning needs.

The last thing anyone wants to think about when they are going on a trip is Advanced Medical Directives.

Let’s be realistic – who wants to plan for a fun vacation out of frigid north going to Mexico, Hawaii, Argentina, anywhere that isn’t as cold as the -40 that is common in a Fairbanks winter or the -2 plus nasty windchill that is common in Anchorage, Bethel, or Barrow? Why think about the worst case scenario when you are going to a happy place for some warmth?

The reality is that car accidents and travel accidents can occur while enjoying a vacation. I advise clients to take along an Advanced Medical Care Directive with them, as well as a list of their medications and allergies, not because there needs to be a fear factor in planning for a trip, but because it can really be a helpful tool if something does happen. Nothing is worse than having to go to court for an emergency petition if there is a problem.

Alternatively, if you are going to an area where you will be staying a long time (being a winter snow bird in Arizona, perhaps? ) then it is a good idea to have the local hospital’s advanced care medical directive done for that particular state. Sometimes situations can crop up where one hospital won’t honor another hospital’s form for an advanced health care directive, and if the patient isn’t able to execute a new document, things can get garbled quickly. It is just easier to download the hospital’s form (if available) and have a copy that is properly executed with you for the hospitals in the area you intend to stay for a month or more. For clients that like to visit with each of their children in different areas of a state for a month at a time, I suggest to them that they have the forms filled out and on file at each of the hospitals (and keep a copy for themselves) so that if they have a medical crisis at one child’s home, the local hospital can immediately step in without trying to ascertain who has the appropriate authority to make the necessary health care decisions.

I’ve added a link to the Alaska statutes, including the 2007 statutes for easy reference.  For those that are looking for wills and probates, it is section 13.  The post references for trademarks and copyrights are scattered throughout, so the easiest way to locate all of them is to scroll down to the post that  I gave at a food conference that has them all in one spot.

Probate is a difficult and awful time for the interested persons, even under the best of circumstances. You’ve just lost a loved one, you’re grieving, and then here’s a lawyer telling you that you need an attorney to get through the process, it’ll probably take up to a year (or more, depending on the facts that surrounded the decedent’s estate) and you’re being hounded with the medical bills from the last illness. There is no good way to navigate through the process, but it can be helpful walking into any attorney’s office, knowing what to expect.

a) Expect that probate will take several months, even for an expedited one. There is the opening of the estate ( if the estate is small enough, you may not need to do this, but if it’s over $25, 000 in Alaska, be prepared to open an estate).

b) A personal representative must be appointed.

c) An inventory must be done – this includes rounding up all of the assets and the debts of the decedent, so that you have an idea of what the estate is truly worth, and how to divide the assets properly. In Alaska, the inventory must be done within 90 days of the appointment of the personal representative.

d) Notice must be given to heirs, devisees, and all known creditors. If you know of a creditor, it is wise to inform them of the probate proceeding to avoid a suit to collect by a creditor that should have been paid, and was a known creditor. There is case law from the Supreme Court on this issue.

e) Publication must occur – a newspaper must be contacted and publish so that creditors can come forward.

f) A final distribution petition must be filed with the court and the court must approve it.

g) The personal representative must petition to close the estate.

h) If there is property out of state, an ancillary probate proceeding must also be initiated to deal with the properties.

i) During the probate process, there are the logistics of making sure that the estate assets are being preserved while the probate process is opened. This includes paying taxes on properties, maintaining insurance on vehicles, boats, and planes, and taking steps to make sure that the estate assets are not wasted.

These are the basics of an estate- probate proceedings can often be incredibly intricate, costly and time consuming, not to mention overwhelming when someone is struggling with the grief of losing a loved one.