The fundamental estate planning tools - Regardless of the size of your current estate, Greer Law recommends that should have as a minimum three estate planning tools: a Will, a Durable Power of Attorney, and a combined Living Will/Medical Power of Attorney.

While you can save money by creating some of these legal documents on your own with software or standardized forms, most adults should have a competent estate planning attorney draft the documents.  Greer Law can make sure your Will conforms to the law in West Virginia .  A professionally drafted Will further ensures against potential legal challenges and the failure to include important details which may render the Will invalid.

Improperly drafted or last-minute, hand-written Wills are frequently contested and invalidated in court.  These documents often can be drafted for as little as few hundred dollars, depending on how simple or complex your needs are.  But preparing now can save your heirs much grief and expense later.

1) Will - A Will is a legal document that details where you want your estate’s assets to go (after debts and taxes are paid) and who is going to oversee the execution of the Will. If needed, it may also state who is to care for your minor children.

Without a Will, the laws of West Virginia will determine what happens to your estate’s property. Your spouse, children or other heirs could end up with less than you planned, the assets could be poorly managed, your children might not have the guardian you wished, or your estate could end up paying much more in taxes and legal fees than necessary.

Keep in mind that a Will does not supersede everything else in your estate plan. For example, if your Will lists your wife to receive your entire estate, but your ex-wife is still listed as the primary beneficiary of your life insurance policy and retirement account, then your ex-wife would likely end up with the benefits.

2) Durable Power of Attorney - A Durable Power of Attorney is a lifetime document for estate planning. It allows you to designate a representative; such as your spouse or adult child, to perform certain actions for you should you become ill, incapacitated or otherwise unable to manage your affairs.  The representative could, for example, pay bills, manage your property, make gifts, sell securities, deal with government agencies, or make major financial decisions on your behalf, depending on how broad or narrow you limit the powers.  Without a power of attorney, your spouse or other loved one would have to go through the delay and expense of seeking approval from the court to carry out needed financial transactions.

3) Living Will/ Medical Power of Attorney - A living will is an individual's written declaration of what life-sustaining medical treatments he or she will allow or not allow in the event they become incapacitated. For example, the person may request that artificial nourishment be withheld if he or she is terminally ill or the individual may include a do not resuscitate clause.

The Medical Power of Attorney authorizes a person to make medical decisions on your behalf, ideally to carry out what you’ve specified in your Living Will. Talk to the person before appointing them, and be sure they understand and are comfortable with your wishes, and will be strong enough to carry them out even though some family members may object.

Recent federal regulation known as the Health Insurance Portability and Accountability Act (HIPAA) regarding disclosure of individually identifiable health information necessitated the addition of a special release and consent authority to all healthcare providers before medical information will be released to agents of the patient. Greer Law can ensure that your Medical Power of Attorney will be HIPAA compliant.