People have a tendency to put off writing a will. For most, it’s because they aren’t sure where to start or what is required. While the process is relatively simple, it’s best to consult with a real estate attorney to ensure that certain documents are prepared correctly.

One of the main reasons for preparing a will is to minimize the time required for probate. This procedure is necessary to reconcile the estate and transfer ownership of the property to the beneficiaries.

The downside of probate is that it often takes several months to complete. Additionally, wills run the risk of being challenged if the heirs do not receive the items to which they are entitled. The probate can extend for months, or even years, as long as a person contests the will.

In addition, the estate will suffer additional legal expenses that could end in bankruptcy. It is not uncommon for Trustees to be forced to sell assets to cover litigation fees.

Anyone who feels there is a chance the will will be challenged should consider transferring the property to a trust. It is advisable to get help from a lawyer to determine which type of trust is best suited for your personal circumstances.

Most people will find that a revocable or irrevocable trust is a good option. Revocable trusts can be changed, while irrevocable trusts cannot be changed without court authorization. For this reason, it is vital to fully understand the pros and cons of each to avoid complications later.

People setting up trusts must also prepare a last will, as well as power of attorney and health care power of attorney forms. The power of attorney grants certain privileges to a personal agent who can perform tasks on her behalf. These forms are valid during your lifetime and privileges are revoked at death.

Personal agents can handle a variety of tasks. These generally include managing personal finances, managing real estate or financial investments, or assuming management functions for a family business or partnership. The duties that agents are authorized to perform are outlined in the power of attorney forms.

A health care proxy is used to provide information about medical treatment that you want or do not want. For example, many terminally ill people create ‘Do Not Relocate’ forms that prohibit medical personnel from performing life-saving procedures. Others might oppose artificial nutrition or life support.

Health care powers of attorney take effect when a doctor provides written documentation that you are incapable of making medical decisions for them. This could be due to a coma, inability to communicate, or a life-threatening situation.

Agents can discuss diagnoses, treatment plans, and anything else related to health care with doctors. Medical personnel must comply with the directives provided in the health care power of attorney.

Establishing a comprehensive estate plan allows people to be prepared for medical emergencies and to pass on assets upon death. Writing a will allows a person to leave his property to those of her choosing.

Wills can be customized to your personal needs. Working with an estate planning law firm ensures that the property is sufficiently protected throughout its life and beyond. Lawyers can help you prepare a will, establish trusts, and prepare power of attorney documents. They can also offer strategies to avoid probate and minimize estate and probate taxes.