Estate Planning

Galloway Johnson Tompkins Burr & Smith protects what our clients value most. Our estate planning attorneys put our clients first, handling the sensitive and sometimes complex preparation for an individual’s estate with compassion and understanding. Our team has the necessary experience, insights, and expertise to give you peace of mind in estate and asset protection.

WHY DO I NEED ESTATE PLANNING?
Estate planning ensures that your wishes are carried out after your death or incapacitation, providing you and your family with confidence that your estate will be preserved from excessive taxation, that your health care needs can be met, and that your estate is protected from imprudent spending. Additionally, proper estate planning can help protect your assets from creditors, both during life and after death.

WHY DO I NEED AN ESTATE PLANNING ATTORNEY?
Legal documents such as wills and trusts are subject to specific rules regarding their construction. With valuable assets at stake, the failure to include certain language and/or a signature in specific places can make the document invalid and not enforceable.

In addition to providing you with legally correct documentation, a skilled estate planning attorney can provide you with creative options for protecting your assets and preserving your family legacy for the next generation.

Major life events, such as marriage, divorce, or the birth of a child, are an opportune time to review and update your estate planning documentation. Consulting with an experienced estate planning attorney is recommended to ensure that your assets are distributed to the appropriate individuals in light of this life event. 

Galloway estate planning attorneys know that each individual and each family is unique, so we take the time to understand your specific needs and consider all legal alternatives to best address your long-term goals. We partner with our clients, working with you and your financial advisors to develop estate plans tailored to meet your needs and goals. Galloway creates lasting relationships, offering stability and successful planning across multiple generations. 

HOW DO I START THE PROCESS?
Please contact one of our estate planning attorneys to set up your initial consultation. The first thirty minutes of the initial consultation is complimentary, giving you the information to begin your estate planning journey, whether or not you choose to move forward with our firm.

Our experienced attorneys provide the following estate planning services:

Living Wills
Life can be unpredictable. Living wills outline your wishes if you are unable to communicate them yourself, ensuring you receive the care you want.

This legal document can be registered with the Secretary of State and provides an advance directive to the extent of health care you would like to receive should you suffer an incurable injury, disease, or illness, or be in a confirmed continual comatose state with no reasonable chance of recovery. You may also donate your organs and/or your remains in this directive. 

Galloway estate planning attorneys can work with you on drafting a clear and enforceable living will, helping prevent conflict and reducing the emotional burden on your loved ones.

Probate and Succession Administration
Following a person’s death, the executor or personal representative of their estate will file their will with the appropriate probate court and oversee the process of distributing the assets in the estate to the deceased person’s beneficiaries. 

When individuals do not have a responsible family member or friend to perform this job, Galloway estate planning attorneys can serve as the succession administrator. 

However, should you have a family member or friend able to serve as executor, our team can also provide representation during the probate process and assist trustees with trust administration.

Powers of Attorney
Powers of attorney have varying levels of power that can be granted for medical, personal, financial and professional decisions. 

Galloway estate planning attorneys can craft these types of legal agreements that will name a person who is authorized to make decisions on your behalf if you become incapacitated. 

These documents can ensure that your wishes will be followed and your needs will be met throughout the rest of your life, even when you are unable to do so yourself.

Trusts
Trusts are legal instruments, separate from a will, that govern the disbursement of assets among family members. Trusts can be created both during your life and after death, and this documentation typically includes detailed instructions to ensure the beneficiaries’ best interests are followed. 

Galloway estate planning attorneys can help you determine the ideal strategy for managing your assets and protecting your loved ones. Holding assets in a trust can provide a number of advantages, and our team can help you identify the benefits of using different types of trusts, including revocable living trusts, irrevocable trusts, special needs trusts, and charitable trusts. 

Wills
Your last will and testament outlines your final wishes and is used to make decisions regarding how you would like your assets handled following your death, whether your beneficiaries are family members, friends, or charitable organizations. 

Your will can be used to address guardianship of your children if you die before they reach adulthood, ensuring your wishes are met and that they have the care necessary from a supportive loved one. 

A will also simplifies the transfer of property at your death. This process can be complicated and expensive, but the use of wills, trusts, or other estate planning tools allows assets to be passed to beneficiaries without further litigation or uncertainty. 

Galloway estate planning attorneys can advise you on your will, which is often just one part of a comprehensive estate plan. If you own a business or other complex assets, you may need to take additional steps to ensure your wishes will be carried out, including trusts, a pour-over will or a business succession plan. Our team has the expertise to craft legal documents that respect your final wishes and protect your loved ones.