I planned to do a durable POA, me as principal and assign my son as Agent, but the POA supposedly ends when I die? If a POA isn't valid after I die, what alternative legal form do I need to prepare so that my son has full power when I die?
Hello, It depends on what "power" you want him to have. But I agree with gladimhere, it sounds like you need a will and trust. Your son would be your trustee and you would have all of your papers in one place listing them as part of the Trust (house, bank accounts, insurance, etc). As your Trustee he would then pay your debts from any proceeds of your estate. Doing this prevents your property (bank accounts, etc) from going into Probate which can be a lengthy and costly process. Best of Luck Margaret
Agreeing with upthread posters. Check out your library for some great and easy-to-read books on trusts. Trusts are pretty easy to do yourself (though I do recommend running it through an estate lawyer just to check).
Another option is to have your assets done with POD (pay on death) or with Beneficiary Designation. For a home, if your state allows “lady bird deeds” that can be done. All these allow the asset to transfer to your son without going through probate process.
To me what path is best depends on your unique financial situation and really that is something you & your son can discuss with an elder law atty. Not a DIY.
CAGregory, best thing to do is make an appointment with an Elder Law Attorney so you can get all your ducks in a row.
There are other legal documents that are important that most people don't know about, like a Medical Directive. And also to see if your assets would do better if placed in a Revocable Trust to help avoid going through Probate. None of this is a do-it-yourself project as all it takes is one missing or misplaced word to mess everything up.
It depends on what "power" you want him to have. But I agree with gladimhere, it sounds like you need a will and trust. Your son would be your trustee and you would have all of your papers in one place listing them as part of the Trust (house, bank accounts, insurance, etc). As your Trustee he would then pay your debts from any proceeds of your estate. Doing this prevents your property (bank accounts, etc) from going into Probate which can be a lengthy and costly process.
Best of Luck
Margaret
To me what path is best depends on your unique financial situation and really that is something you & your son can discuss with an elder law atty. Not a DIY.
There are other legal documents that are important that most people don't know about, like a Medical Directive. And also to see if your assets would do better if placed in a Revocable Trust to help avoid going through Probate. None of this is a do-it-yourself project as all it takes is one missing or misplaced word to mess everything up.