Patrick E Smith Attorney At Law
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Established in Old Towne Orange in 2009, P. E. Smith, Esq. - Attorney At Law has been providing trusted and reliable Estate Planning services for over a decade. From simple Trusts, to comprehensive Estate Plans, we approach every project as a unique opportunity to protect your family and provide you peace of mind.

TRUST: A trust is a legal instrument that transports your property after your death. A trust operates privately, and is not processed by the Court. We will draft your Trust and customize it to suit the specific needs of you and your family. POWER OF ATTORNEY: A power of attorney is a legal instrument that appoints an agent to manage your finances if you are alive, but incapacitated.
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What Is An Estate Plan
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An Estate Plan generally refers to a set of legal documents that are designed to: protect your personal and financial interests while you are alive, set forth your end of life decisions and instructions, and ensure that your assets are transferred to whom you wish, in the amounts your choose, after you die.
What to Do: Probate and Administration Overview
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Death is a part of life. It is a complex inevitability that can be difficult, overwhelming, and depressing. From a legal perspective, the first thing that usually should be done when a loved one dies is - nothing. Don't take any legal action. Take the time to grieve your loss, carry out the services your loved one called for in their Estate Plan, and spend time with your family.
I'm the Trustee: Now What
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Not all Trust Estates are the same, but in general, being the Trustee is difficult. As a spouse, you may assume that all of your partner's assets will be transferred to you automatically. That is not always true. As a child who has lost a parent, being selected as the "trustworthy" child can be flattering, but now you have legal obligations to live up to.
Duties of the Trustee
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Duty to Deal Impartially with Beneficiaries, While Taking Their Differing Interests Into Account. Duty to Provide the Terms of an Irrevocable Trust Upon the Request of Any Heir of the Deceased. Duty to Act in Accordance with Fiduciary Principles When Granted "Absolute", "Sole", or "Uncontrolled" Discretion.
Guardianship Trust: Explained
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A Guardianship Trust nominates the future Legal Guardian of your children, and places key assets into a Trust to be held for their benefit. When parents of young children die, it is extraordinarily traumatic and disruptive.

A Guardianship Trust protects your childrens' future by ensuring that your children are taken care of by the specific Guardian that you choose, and that the assets you leave for your children are managed for the childrens' benefit by the responsible adult of your choice.
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