The Law Office of
Diane H. Gold
     
FAQs - Estate Planning
  The following Frequently Asked Questions will address the most common questions about Estate Plannning. Please feel free to email or call us if you have other questions about Estate Planning.
  Q. What is Estate Planning?
  Q. Why do I need a lawyer to draft my estate plan? Can't I just do it myself?
  Q. Can I write my will by hand?
  Q. What is a health care proxy?
  Q. What is the difference between a health care proxy and a living will?
   

 

 

 

 

  Q. What is estate planning?
  A. Estate planning has three main purposes: 1) to create a plan to dispose of your assets upon your death, 2) to make arrangements for lifetime management of your assets if you are unable to do so, and 3) to make arrangements for your lifetime medical care in case you are unable to communicate your medical decisions.

Often, estate planning is looked upon merely as tax planning, making sure that assets are preserved for distribution to family, loved ones, and charity rather than taxed by the state and federal government. In my view, however, estate planning is more about providing guidance to the ones you love so that your assets are distributed according to your wishes, your assets are managed during your lifetime for your benefit, and your medical care is appropriate based upon your values and desires.

Estate planning for elders also involves a component of planning in case one is placed in a nursing home and needs to qualify for MassHealth (Medicaid) benefits. With the newly enacted five year look back period for all gifts (transfers for less than full market value), even younger people must be aware of the implications of gifts they give on future MassHealth eligibility.
 

  Q. Why do I need a lawyer to draft my estate plan? Can’t I just do it myself?
  A. While there are many websites and computer software programs that can help you to draft your will, having an attorney draft your will insures that all of your financial and family circumstances are taken into account in your estate planning. In addition, executing your estate plan with your attorney insures that the will is executed with the proper formalities.

If improperly executed, your will and estate planning documents may be invalid or more easily challenged in court; your distribution wishes could be over-ridden by state law; and a guardianship may be required to handle your lifetime financial and medical affairs.
 
  Q. Can’t I just write my will by hand?
  A. A hand written will is also known as a holographic will. Holographic wills are not valid in Massachusetts except under very specific circumstances related to active military service.
 
  Q. What is a health care proxy?
  A. A health care proxy is a legal document that names the person that you want to make medical decisions on your behalf in case you are unable to communicate your wishes due to incapacity or illness.
 
  Q. What is the difference between a health care proxy and a living will?
  A. A living will describes your philosophy on life and death and your wishes regarding your medical care, especially in life and death situations. In Massachusetts, living wills are not legally binding, though it is important for your loved ones to understand what your wishes are while you are able to communicate them in case there comes a time when you cannot. A health care proxy, on the other hand, is a document that gives the legal authority to someone else to make medical decisions on your behalf if you are unable. In the health care proxies drafted at The Law Office of Diane H. Gold, living will language is included to give guidance to the health care agent. Not having a separate living will document helps to streamline the process. If you would like a separate document, one may be drafted for you.
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