Estate planning allows you to maintain control even when you are no longer able to make decisions for yourself due to incapacity or death. Through a customize a plan, you can clearly outline your wishes and provide direction for the future. While thinking about death or incapacitation can feel daunting and overwhelming, having an estate plan in place eases the burden on your loved ones and offers peace of mind by ensuring your intentions are clearly communicated.

What is a Will?

A will is a legal document that sets out how your property will be distributed after your death and who will be responsible for managing your last affairs. The individual appointed to carry out these responsibilities is known as the Executor. All wills must be probated to be given effect and all executors must be qualified to serve by a Court. A will can also appoint a guardian for minor children and express your funeral wishes and arrangements.

What is a trust?

A trust is a legal arrangement that specifies how assets are managed, invested and ultimately distributed. It involves a Grantor or Settlor who is the creator of the trust and transferor of assets to the trust, a Trustee who is a person or institution responsible for managing the trust and its assets in accordance with the trust agreement, and beneficiaries who will benefit from the trust.

What are pros of a trust? 

A trust can help avoid probate, protects assets for minors or family members with special needs, controls how and when beneficiaries receive their inheritance, and reduce estate taxes in some cases.

Our attorneys at Pittman & Henderson, PLLC can help guide you by explaining the different types of trusts, including revocable trusts and irrevocable trusts, drafting customized trust agreements tailored to your unique goals and family situation, assisting you fund your trust and ensure all assets are properly transferred, and provide ongoing guidance to ensure your trust continues to meet your needs now and in the future.

Do I still need a will if I want a trust?

Yes. It is still advisable to have a Will in place even if you have a trust. To fully benefit from a trust, you must ensure all of your assets are properly transferred into the trust. A pour-over will helps ensure that any assets acquired later—or inadvertently left outside the trust—are transferred into the trust upon your death, helping to avoid intestacy

What makes Pittman & Henderson, PLLC different than other estate planning attorneys?

At Pittman & Henderson, PLLC our attorneys provide compassionate, non-judgmental guidance while helping clients create a customized estate plans tailored to their unique needs. Our goal is to provide you with the most cost-effective strategies to achieve your goals, which sometimes means avoiding the costly and unnecessary planning tools that other attorneys may push. We take a comprehensive approach which includes discussing beneficiary designations and do-it-yourself planning tools that can help ease the burden on your loved ones when that time comes.

Estate planning is not one-size-fits-all. We take the time to understand each client’s family dynamics, financial considerations, and long-term objectives, then tailor plans accordingly. Whether planning for a growing family, managing business or real estate interests, or preparing for later stages of life, we focus on creating clear, durable plans that can adapt over time.

By planning proactively, clients can reduce uncertainty, avoid unnecessary complications, and provide meaningful direction for those they trust most.

What are some typical estate planning documents that Pittman & Henderson, PLLC offers?

• Will

• Medical Power of Attorney

• Durable Power of Attorney

• Directive to Physicians and Family

• Parental Designation of Guardian

• Declaration of Guardian in the event of later incapacity or need of guardian

• Appointment of Agent to Control Disposition of Remains

• Transfer on Death Deeds

• Basic trusts