Estate Planning Services
Murillo Law Firm provides professional services in the areas of wills, trusts, powers of attorney, trust administration, guardianships, and conservatorships to address your personal needs in every Estate Planning situation.
Financial Power of Attorney
Gives another person legal authority to make financial decisions for you if you are unable to make them for yourself
Health Care Power of Attorney & HIPAA
Gives another person legal authority to make health care decisions for you if you are unable to make them for yourself and medical providers authorization to release your medical information
Mental Health Care Power of Attorney
Gives another person legal authority to make mental health care decisions for you if you are unable to make them for yourself
Who am I planning for?
Married With Children
Blended Families
Single, No Children
For married couples with children, taking care of your children is one of your most important goals. Estate planning can help you select a care giver for your minor children, help you avoid the probate process, and make sure your wishes are carried out in regard to how your money and property is divided. All families are unique so understanding your family dynamics is very important including if you have children from a prior relationship, a child with special needs, adult children, or minor children. A properly drafted estate plan tailored to your family situation will ease your mind and ensure you and your family are taken care of should the need arise.
If you and your spouse have children from prior relationships, it is important to understand each of your plans for your children if either of you becomes incapacitated or dies. The goal of estate planning is to avoid any unnecessary conflict, ensure your wishes are clearly enumerated, and your family is equipped with the information to carry out your wishes. Without clear instructions, conflicts can arise between family members. It is important to decide how you want your assets divided amongst your spouse and children and who you want to care for your children in the event of your untimely passing.
When a married person dies, their assets typically go to a spouse, but a single person with no bloodline can have their assets controlled by the state. It is important to consider how you want your assets distributed and in the case of incapacity and who you would like to make medical and financial decisions for you. Powers of attorney can help you direct those decisions. You may want to consider a will to ensure your assets are distributed to your relatives, friends, or a charity. If you want to avoid probate, a trust may be a better option.
Senior
As we grow older, we begin to see friends and loved ones pass on or become incapacitated by a disability or Alzheimer’s. Often as friends pass on, we witness family disputes over belongings or notice our friends not being cared for appropriately. To avoid these common types of scenarios, it is important to draft a well-prepared estate plan. Prior to serious health issues or incapacity, you will want to name a trusted person to handle your finances, to help you make healthcare decisions, and direct your medical providers in your wishes regarding end-of-life decisions. You may want to provide for your children or grandchildren or want to pass on family stories, traditions, and values to future generations. All this and more can be accomplished through estate planning,
Pet Owner
Pets are considered property and due to this classification cannot inherit any money or other property. Many of us consider our pets as part of our family and want to make sure our pets are properly cared for long after we are gone. This can be accomplished through a pet trust. Through this estate planning technique, you can name a caregiver for your pet and allocate money to be used for your pet’s care during their lifetime.
LGBTQ+
In Obergefell v. Hodges, the Supreme Court ruled that the fundamental right to marry applies to same sex couples. This was a monumental case in that it required all fifty states to recognize same sex marriages and give the same rights and benefits to same sex couples as are afforded to opposite sex couples. Based on this ruling, estate planning may be very similar to opposite sex couples. However, if you are not married and have children, it is important to create a plan that ensures your assets are distributed as intended and your goals regarding your family are carried out. Without an estate plan, state rules will apply and may result in an unintended outcome.
Caring for Someone with Special Needs:
Estate planning is essential if you have a loved one with special needs. You will want to ensure your loved one does not risk losing governmental benefits if they were to inherit money or assets. A special needs trust can provide money to your loved one for their well-being, care, and comfort without it impacting their governmental benefits. You can also designate someone to assist your loved one with managing their finances and medical care. This is an important tool that should be considered if you are caring for someone with special needs.
Single with Children
A single parent has many responsibilities and if you have children ensuring their care is vital. A revocable living trust is an important tool to hold your assets and provide direction regarding your children’s care. It can also help you avoid court involvement and keep your assets away from irresponsible spending or former spouses. Without a trust, your money is available to be spent in any fashion your named guardian wishes and can be subject to their creditors. A will does not protect you from probate or court intervention. If you have a child and are single, estate planning may be one of the most important decisions you can make.