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Estate Planning

We will facilitate your wishes, maximize your tax benefits, and ensure your peace of mind. 

All individuals and families, regardless of their assets, will benefit from a carefully planned and drafted estate plan. 

The Kelly Law Firm understands that every client has unique economic, family, and personal goals so we counsel, advise,

explain, and recommend specific estate planning tools to achieve your objectives. Our mastery of the law is tailored to your individual

goals and circumstances so each estate plan preserves the legal rights and interests of each client.  

With a proper estate plan an individual can: 

  • Provide for his or her health care

  • Plan for property management needs in the event of incapacity

  • Control the disposition of his or her assets upon death

  • Facilitate estate and trust administration

  • Minimize transfer taxes (gift tax, estate tax, generation-skipping transfer tax)

An estate plan generally consists of the following legal documents:

  • Revocable Trust

  • Pour-over Will(s)

  • General Durable Power(s) of Attorney

  • Advance Health Care Directive(s)

  • Certification of Trust

  • Assignment of Property

  • Deed(s) and related documents necessary to transfer interests in real property into the trust

  • Community Property Declaration (for married couples)

Revocable "Living" Trust

The term “living trust” is generally used to describe a revocable trust because once created, the trust can be revoked or amended throughout one's lifetime.Like a Will, a Revocable Trust specifies how your property will be distributed upon your death. Unlike a Will, a revocable trust avoids probate at death and is a non-public document.  Revocable Trusts allow a trustee to manage their property during their lifetime and authorizes a successor trustee to manage the property for your benefit in the event of incapacity, thereby avoiding court control of assets or guardian appointments. Your assets are placed in trust and held for the testator's benefit during their lifetime. At death, trust assets are transferred to named beneficiaries, without court involvement. 


Last Will and Testament

A Last Will & Testament is a testamentary document in which named beneficiaries (people and/or companies or charities) receive your property after death.  The Will names a person or company to manage your affairs and is responsible to see that your property is distributed as provided in Will.  The Will may also name the guardian(s) of your minor children, the conservator(s) of property that belongs to minor children, make specific gifts of property and include burial instructions.



Probate is a court supervised process for transferring a deceased person's assets to the beneficiaries, listed in his or her will. The executor which is named in their will would start the process after their death by filing a petition in court and seeking appointments. The executor is also in charge of paying your debts and after receiving court approval distribute the rest of you estate to your beneficiaries. You can also create an “irrevocable” living trust, but that is permanent and unchangeable and is almost exclusively done to produce certain tax results beyond the scope of this summary. 


General Power of Attorney for Financial Matters 

This is a document that grants one or more people the power to manage your financial affairs if you become unable to do so or if you want a person to handle these things for you.  The holder(s) of your power of attorney have the legal power to make binding decisions that affect your money, property, and other assets, including, paying your bills and spending your money. Without a power of attorney, your family may be required to obtain a court-supervised conservator to manage your financial affairs. A power of attorney terminates upon your death.


Advance Health Care Directive

An Advance Health Care Directive is a document in which you may declare who will make healthcare decisions (including mental health care decisions) for you if you are unable to make those decisions for yourself. This document will also state the conditions under which you do not want your life to be prolonged and do not want life-sustaining treatment, beyond comfort care, if that treatment would serve only to artificially delay the moment of your death. Your Advance Health Care Directive may also state that if you are in a terminal condition, you do not want cardiopulmonary resuscitation, drugs, electric shock, artificial breathing, artificially administered food and fluids, or to be taken to a hospital if at all avoidable.

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