Audrey M. Heidt

My basic estate planning package includes a Last Will and Testament, a Health Care Proxy, a Power of Attorney, a Homestead Declaration, and an Advanced Directive. More complex estate plans often require additional documents.

Last Will and Testament

Your Will is a legal document which arranges the disposition of your probate property and appoints a fiduciary to oversee your estate. This document is an important component of your estate plan. If you do not have a Will at the time of your passing, then the Massachusetts Laws of Descent and Distribution will determine how your assets are distributed. In addition, you may use your Will to appoint the legal guardian of any minor children you may have.

Health Care Proxy

Your Health Care Proxy appoints an Agent to make health care decisions for you if you are ever unable to make those decisions for yourself.

Durable Power of Attorney

The Durable Power of Attorney appoints an Agent to make financial decisions on your behalf. Although the Durable Power of Attorney is designed to be used only upon your incapacity, the document is often drafted to take effect upon execution.

Homestead Declaration

A Homestead Declaration protects your primary residence against the claims of creditors, to the extent of $500,000. The document must be recorded with the registry of deeds and is subject to a number of limitations.

Advanced Directive

Advance Directives (also called "Living Wills") are not legally binding in the Commonwealth of Massachusetts. However, an Advance Directive can be a valuable tool for communicating your wishes about end-of-life care.