Estate Planning:

An estate plan uses several tools that can prevent the court from gaining jurisdiction over your affairs, such as: a Living Will or Directive to Physicians to determine if artificial life support systems are to be used or withheld, a Durable Power of Attorney for Health Care to provide authority to a designated person to make decisions regarding health care treatment when you are unable to provide informed consent, a Durable Power of Attorney for Property to authorize a person to act in your place and stead in the event of your incapacity; this attorney can manage your financial affairs without the need to have intervention by the courts, and a Trust or Family Limited Partnership to hold and manage said property if you are incapacitated.

You should have an estate plan if:

• You are the parent of minor children
• You have property that you care about
• You care about your health care treatment

If you do not have minor children, do not care about your property, and have no concerns about your health care treatment, then you do not need an estate plan. But if you meet any of these categories above, contact Attorney Andrew Rich.

Elder Law:

Elder law is the area of law, statutes, regulations and decisions, which impact on the lives of older Americans and their families. Elder law spans and encompasses elder care planning issues, such as access to the appropriate type of medical and personal care, coordinating private and public resources to finance the cost of care, income assistance benefits, taxation, conservatorship, general estate planning, estate and trust administration issues (e.g., wills, trusts, and probate), counseling and planning for incapacity with medical directives, advanced directives and other alternative decision-making documents, as well as for possible long-term care planning issues, including home health care, nursing home care, hospice and respite care.

If you or someone you know needs the assistance or legal counsel of an experienced Oregon Probate Lawyer, contact Attorney Andrew M. Rich, P.C. today at 866-736-2144, or use the contact form provided on this site to schedule your initial consultation.

Should I prepare a short Will or a long Will?
A short Will is used to give all assets equally to one or more heirs. A long Will provides much greater flexibility in how assets are divided, includes a disinheritance clause, and provides a Testamentary Trust provision to manage assets of minor beneficiaries. If you are a single person or have uncomplicated asset disbursement issues, a short Will could fulfill your needs. However, if you have many assets, are married, have children, or have other more complicated asset disbursement issues, you may want to consider using a long Will instead.

Are there different types of Wills?
There are many types of Wills:

• An Ambulatory Will is a Will that a person can change during their lifetime.
• A Double Will is one in which two people join together; leaving their individually-owned property and estate(s) to the other. This type of Will is also called a Counter Will, Joint and Mutual Will, or Reciprocal Will.
• Holographic Wills are entirely handwritten, dated, and signed by the testator.
• A Living Will is one that authorizes the continuance or cessation of life-sustaining medical treatments from an individual who is incapable of making that decision, due to a debilitating illness.

 A qualified attorney can help you decide which type of Will is best for you.

What is a holographic Will?
A Holographic Will is a Will written entirely in the handwriting of the testator (person preparing the Will). However, if any part of this writing is not in the testator`s own handwriting, it is considered invalid. A Holographic Will does not have to be witnessed. However, upon Probate of the Holographic Will, the court will require a person familiar with the testator`s signature to prove the genuineness of the Will.