The Evans Law Firm

In any estate plan, we expect to prepare for you a binding will, a power of attorney, a living will, and a health care proxy. We also expect to answer questions and give general estate planning advice based on the information you give me in the attached forms and in our meetings.

Typically you will get a Will that gives all your personal effects such as furniture, jewelry, family photos, household furnishings etc. to your executor who will make sure that your wishes are followed. These gifts will not be listed in your will, but you will be given a form that you can fill in yourself later for the executor to follow. Your assets shall be left to whomever you direct. If tax planning is needed, we will use shelter trusts, marital deduction planning and other techniques.

The Will shall cover at least two generations. In other words, if you leave all to your spouse, there will be provisions that if he or she dies before you, then there will be a second group such as your children who will be named. If you have no spouse, the children and your grandchildren will be provided for. Minor children and grandchildren may require a more advanced plan. The Will shall name an executor to take care of winding up your affairs, collecting all your assets, paying your debts and paying what is left to the people named in the will. It will name an alternate if the first executor can not serve. There will be an affidavit attached that certifies the proper execution of the will, so that it will be hard for disappointed people to challenge your will.

The Enduring Power of Attorney shall contain the standard New York State clauses and shall provide for a primary and a secondary agent. In many instances this will have expanded powers to meet your particular situation.

The Living Will shall state your wishes that if you are near death or brain dead, you do not want your life extended by machinery or drugs. If you are truly dying you want medicine to make you comfortable even if it might hasten your death. We will discuss this in greater detail at our meeting. You will not have to sign this if you do not understand what it says. If you do sign the Living Will, you will also get a Health Care Proxy which names someone to look at your medical condition and make decisions for you if, and only if, you are unable to make them for yourself.

There are a vast variety of needs in any estate plan. We want you to feel that your plan is the best for you now and for the foreseeable future. Any fees will be agreed to before you are under any obligation to pay.

We will carefully explain these costs before you finalize your plan.

* Your retainer should be one half what you expect to pay. If the work is not satisfactory, your retainer will be returned less reasonable charges for setting up the file.