We all work hard for a living. So, we should decide how we would like our assets disbursed upon our passing.  The importance of having a Will or Trust, cannot be understated.  In the absence of such an estate plan, when one passes their assets are disbursed according to the default rules of intestacy, which can be described as, “one size fits most” - - but, may not align with your wishes.  Especially for Families with complex dynamics (such as divorce, remarriage, blended families or adoption), a customized estate plan is essential. 

At a minimum, DCummings Law LLC can assist you in creating a foundational estate plan consisting of a Will, Advanced Health Care Directive and Durable Power of Attorney.  The latter two authorize an agent to make decisions regarding your health care and finances, should you become unable during your lifetime.  A Will is your plan for disbursement of assets upon death.  Where appropriate, Trusts can be used to serve advanced estate planning objectives, including confidentiality protection and probate avoidance. 

There will never be a convenient time to think about what will happen after you depart this earth.  And, attempting to do so without the assistance of a compassionate and knowledgeable professional can prove daunting.  We encourage you to make the time, now, to contact DCummings Law LLC, and we will empower you to establish an estate plan that implements your wishes and provides for loved ones, who will remain, as you see fit. 

Additionally, if you have lost a loved one and are responsible for probate, DCummings Law LLC can assist.  Whether there is a Will, Trust or no estate plan at all, we represent Personal Representatives and assist in navigating the probate process before the Register of Wills.  Indeed, retaining an efficient Delaware Attorney to appear as Probate Counsel will not only save you time, focus and energy, but, in most cases, the Attorney Fees paid can be deducted, thereby reducing the Probate Closing Costs that must be paid to the government.  With that incentive, why would one endure the probate process without legal representation?

Lastly, please contact us if there is a Family member, whom you believe should have an estate plan, but you are unclear whether, as a result of advanced age or health complications, they can identify their heirs and what assets they own.  We will perform a capacity screen and provide our honest feedback. To the extent capacity is lacking, we can explain the costs and benefits of applying to the Court for a Guardianship, to ensure that vulnerable Family member receives appropriate medical care and their assets are protected.