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Protect Your Assets Securely

Avoid probate and ensure privacy with proper trust planning.

Trusts

Hand holding legal trust document.

Revocable Living Trust

A revocable living trust is a legal arrangement where you transfer your assets into a trust you control during your lifetime, allowing you to manage or change it as you wish. It’s important because it helps your beneficiaries avoid the lengthy and costly probate process, ensuring they can access your assets quickly, while also providing privacy and flexibility in managing your estate.


What happens if you do not have Revocable Living Trust?

This forces their estate into a lengthy and costly probate process. When this happens, beneficiaries face delays, and many complications can arise that a trust can prevent.


Here are some specific examples showing problems caused by not having a Revocable Living Trust:

1. Debt Struggles

3. Urgent Medical Expense

2. Facing Foreclosure

A beneficiary heavily in debt cannot access their inheritance until the probate process is complete. As a result, interest and penalties accumulate, and they may face default or bankruptcy. With a trust, the funds would have been available quickly, avoiding these financial crises.

2. Facing Foreclosure

3. Urgent Medical Expense

2. Facing Foreclosure

A beneficiary at risk of losing their home cannot use inherited funds to stop foreclosure until probate ends. If a trust had been in place, they could have accessed the money immediately and kept their property.

3. Urgent Medical Expense

3. Urgent Medical Expense

3. Urgent Medical Expense

A beneficiary needing a critical medical procedure not covered by insurance must wait for probate to access their inheritance, delaying treatment. A trust would have allowed immediate payment, ensuring timely care.

Every Trust Package Includes

1. General Power of Attorney

 A general power of attorney is a legal document granting a trusted agent broad authority to manage your financial and legal affairs, including bank accounts, bills, contracts, and business matters. It's essential for enabling immediate action if you're unavailable, ill, or incapacitated, preventing your family from needing lengthy, costly court proceedings to intervene.


What happens if you do not have a Power of Attorney 

Sudden incapacitation without a general power of attorney caused an immediate financial crisis because family members had no legal authority to access accounts or pay bills. This forced a lengthy, costly court conservatorship process, leading to severe delays that resulted in business failure and missed debt payments.

2. Health Care Proxy

A healthcare proxy is a legal document that allows you to appoint someone you trust to make medical decisions on your behalf if you become unable to do so. It ensures your healthcare preferences are respected, prevents confusion or disputes among family members, and allows timely medical decisions in critical situations.


What happens if you do not have a Health Care Proxy? 

A man fell unconscious after a sudden medical emergency. Without a healthcare proxy, the family had no clear decision-maker, leading to arguments over treatment options and uncertainty about what the patient would have wanted. Doctors were forced to delay certain procedures while waiting for legal guidance, creating problems that could have been avoided with a designated healthcare agent.

3. HIPAA Form

A HIPAA form is a document that allows you to authorize specific people to access your private medical information. It’s important because, without it, doctors and hospitals are legally restricted from sharing your health details—even with close family—potentially causing delays, confusion, or miscommunication during medical situations.


What happens if you do not have a HIPPA? 

A person was hospitalized after a sudden medical emergency; doctors were unable to share updates with the family because no HIPAA form had been signed. As a result, the family was not informed about the person’s condition, couldn’t help make decisions, and experienced unnecessary stress during a critical time—this could have been avoided with proper authorization.

4. Living Will

The purpose of a living will is to clearly communicate your medical treatment preferences in situations where you cannot speak for yourself, ensuring that your wishes are followed, guiding healthcare providers, and preventing conflicts or uncertainty among family members.


What happens if you do not have a Living Will? 

When someone became critically ill and couldn’t communicate, the family disagreed about whether to continue life-support treatments because there was no Living Will. This caused emotional conflict, delays in care decisions, and uncertainty about the person’s true wishes.

Special Needs Trust

A Special Needs Trust protects assets for a person with disabilities while preserving eligibility for benefits like SSI and Medicaid. The trust funds can pay for supplemental needs—such as therapies, personal items, and supportive services—providing long-term financial stability and improving quality of life.

Each Trust Package Includes

1. General Power of Attorney

1. General Power of Attorney

1. General Power of Attorney

A General Power of Attorney is a legal document granting a trusted agent broad authority to manage your financial and legal affairs, including bank accounts, bills, contracts, and business matters. It's essential for enabling immediate action if you're unavailable, ill, or incapacitated, preventing your family from needing lengthy, costly court proceedings to intervene.

2. Health Care Proxy

1. General Power of Attorney

1. General Power of Attorney

A Health Care Proxy is a legal document that allows you to appoint someone you trust to make medical decisions on your behalf if you become unable to do so. It ensures your healthcare preferences are respected, prevents confusion or disputes among family members, and allows timely medical decisions in critical situations.

3. HIPAA Form

1. General Power of Attorney

4. Living Will

A HIPAA form is a document that allows you to authorize specific people to access your private medical information. It’s important because, without it, doctors and hospitals are legally restricted from sharing your health details—even with close family—potentially causing delays, confusion, or miscommunication during medical situations.

4. Living Will

1. General Power of Attorney

4. Living Will

The purpose of a living will is to clearly communicate your medical treatment preferences in situations where you cannot speak for yourself, ensuring that your wishes are followed, guiding healthcare providers, and preventing conflicts or uncertainty among family members.

Kensington Law Group

(646) 350-0438 | contact@kensingtonlaw.com

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