You have made a will and it is legally valid. But, did you know that there is more to estate planning than merely having a will?

Did you know that your will covers only the property that you own solely in your own name? You may have named beneficiaries of life insurance policies or your retirement plans. The beneficiaries you named will receive the proceeds of your policies and retirement plans at your death. Your will does not control those assets. You may be a joint owner of a bank account or real estate. At your death, those items will pass "by operation of law" to the joint owner who survives you. Jointly owned assets are not subject to the terms of your will.

Did you know that having a will guaranties probate? Probate is the court-supervised process of transferring property from you, the person who made the will, to those persons you named in your will. Most people would like to avoid the time, money and lack of privacy that is part of the probate process. There are ways to avoid probate. We favor the preparation and funding of a revocable living trust, which would protect you and your loved ones not only upon your death but also in the event of your incapacity.

Did you know that a will only "springs to life" once you are dead?

You need to know how to protect yourself during your lifetime should you become no longer interested in or incapable of managing your own affairs. In addition to a will, you need two documents:

1. A General Durable Power of Attorney. In a general durable power of attorney, you name the person who will act as your agent to do those specific things that are described in the power of attorney form. For example, you may wish to name a trusted person to do your banking or pay taxes for you. The power of attorney is durable, meaning that it is effective even if your become incapacitated.

2. A Durable Power of Attorney for Health Care (DPAHC). A DPAHC allows you to name a person who will make health care decisions for you if you cannot communicate your own wishes. Our DPAHC also allow you to spell out exactly how you would like to be treated if you are terminally ill, in an irreversible coma, or a persistent vegetative state.


Having a will, a general durable power of attorney and a durable power of attorney for health care will go a long way in insuring that you and your family are taken care of when you die or if you become disabled.

We at the law firm of Petrella Brown will be happy to assist you with your estate planning needs and desires. If you have any questions or require further information, kindly contact our office at (248) 223-9883.