incapacitated. Our Healthcare Power of Attorney also includes a Living Will/Advance Directive which provides for end-of-life decisions. Without a Healthcare Power of Attorney, if you fall into a coma, become mentally impaired or are otherwise unable to make medical decisions then Delaware state law mandates who will decide for you. Revocable Trusts. A Revocable Trust allows you to name the person who will manage your estate (the Trustee) both while you’re alive and after your death. The Trustee carries out the terms of the Trust as you have defined. You can be the initial Trustee of your Revocable Trust. These types of Trusts are commonly used for probate avoidance. They can also be used to create estate plans that continue for a longer duration in the future after your death, should you want to disburse your assets to your heirs over time.
3. Probate/Estate Administration
Dealing with the loss of a loved one can be overwhelming. We understand it can be a truly difficult time to focus on all the details. Our experienced attorneys and staff at Weidman & Townsend, P.A. are sensitive to your needs and offer thorough legal counsel. What is Probate? Probate is the public filing of an Estate after someone passes away (with or without a Will). In Delaware, the probate period is at least eight months and consists of at least three separate filings with the Register of Wills. The Sussex County Register of Wills takes a one and a quarter percent (1.25%) fee off of the assets that pass through probate. Let us guide you through the cumbersome process and ease your worries during an emotional time.
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