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The following scenarios are commonly considered as "Standard" Wills and Powers of Attorney, popular among clients, and tend to prevent family conflict:

We offer low fixed rates for these Standard Wills and Powers of Attorney. Please visit our Cost Calculator. To get started, please review and complete the Client Kit.

A. Married Couple (first marriage) with Adult Children:

Will:

Upon your passing, everything goes to your spouse, if your spouse has already passed before you, then everything goes to the children in equal shares. The Trustee (ie the person overseeing your instructions in the will and handling the estate) is your spouse, if your spouse has already passed, it will be your adult children.  For multiple children, you may appoint them to act as Trustees "jointly" (ie together as a team) or you may rank them.

POA:

If you are unable to make decisions (ie due to mental incapacity), you would appoint your spouse as your decision maker, if your spouse has already passed or is unable to be your decision maker, you would appoint your children. For multiple children, you may appoint them to act as the decision maker "jointly" (ie together as a team), "jointly or severally" (ie together but between them they can work it out if only one is able to perform) or you may rank them. See my article on "jointly and severally")

B. Married Couple (first marriage) with Minor Children:

Will:

Upon your passing, everything goes to your spouse, if your spouse has already passed before you, then everything goes to the children in equal shares. You must appoint a Trustee to safely hold and handle the estate until your children reach the age of majority. You must also appoint a Guardian to care for them. Such Trustee and Guardian would often by a relative or close friend. For multiple Trustees, you may appoint them to act as Trustees "jointly" (ie together as a team) or you may rank them. Clients may or may not elect that the children's Guardian or Trustee receive compensation for acting in those roles.

POA:

If you are unable to make decisions (ie due to mental incapacity), you would appoint your spouse as your decision maker, if your spouse has already passed or is unable to be your decision maker, you would appoint a substitute decision maker (eg a relative or close friend). For multiple decision makers, you may appoint them to act as the decision makers "jointly" (ie together as a team), "jointly or severally" (ie together but between them they can work it out if only one is able to perform) or you may rank them. See my article on "jointly and severally"). Clients may or may not elect that the decision maker for all matters except personal care receive compensation for acting as decision maker.

C. Married Couple (first marriage) with No Children:

Will:

Upon your passing, everything goes to your spouse, if your spouse has already passed before you, then everything goes to your immediate family (siblings/parents) in equal shares. The Trustee (ie the person overseeing your instructions in the will and handling the estate) is your spouse, if your spouse has already passed, it will be your immediate family (siblings/parents). For multiple Trustees, you may appoint them to act as Trustees "jointly" (ie together as a team) or you may rank them. Clients may or may not elect that the Trustee receive compensation for acting in that role.

POA:

If you are unable to make decisions (ie due to mental incapacity), you would appoint your spouse as your decision maker, if your spouse has already passed or is unable to be your decision maker, you would appoint a substitute decision maker (eg a relative or close friend). For multiple decision makers, you may appoint them to act as the decision makers "jointly" (ie together as a team), "jointly or severally" (ie together but between them they can work it out if only one is able to perform) or you may rank them. See my article on "jointly and severally"). Clients may or may not elect that the decision maker for all matters except personal care receive compensation for acting as decision maker.

D. Single Individual with Surviving Children/Relatives

Will

Upon your passing, everything goes to your surviving family in equal shares. You would appoint children, relative, or close friend to act as Trustees.  For multiple Trustees, you may appoint them to act as Trustees "jointly" (ie together as a team) or you may rank them. Clients may or may not elect that the Trustee receive compensation for acting in such roles.

POA

If you are unable to make decisions (ie due to mental incapacity), you would appoint your childen, relative(s), or close friend(s) as your decision maker. For multiple decision makers, you may appoint them to act as the decision maker "jointly" (ie together as a team), "jointly or severally" (ie together but between them they can work it out if only one is able to perform) or you may rank them. See my article on "jointly and severally").

E. Individual who is Separated but not Divorced

If the divorce is not finalized and you don't have a will, your former partner may have a claim on your estate. Hence a common scenario is: upon your passing, everything goes to your children or surviving family.  You would appoint adult children or relative or close friend to act as Trustees. Clients may or may not elect that the Trustee receive compensation for acting in such roles.

POA

If you are unable to make decisions (ie due to mental incapacity), you would appoint your children, relative(s), or close friend(s) as your decision maker. For multiple decision makers, you may appoint them to act as the decision maker "jointly" (ie together as a team), "jointly or severally" (ie together but between them they can work it out if only one is able to perform) or you may rank them. See my article on "jointly and severally").

FAQ: What are some "Non-Standard" Conditions?

Note: the following and any conditions outside the scope of the "Standard" Will and Powers of Attorney descriptions outlined above require additional custom work and are subject to addition fees on a time-spent basis. If clients request for such additional work, our office will provide a custom quotation on your request at that time.

Minor Children:

• Changing Age of Majority
• Trusts / Staged Distribution (Not distributing all estate at age 18 in the event of parents' early demise)
• Education Trust
• Investment Property Trust

Specific Gifts

• Real Estate, Bank accounts, Heirlooms

Disclaimer: This article does not contain legal advice and only provides general information. It does not establish a lawyer-client relationship. You should consult with a lawyer before you rely on this information.