In West Virginia, estate law encompasses the creation of documents including wills, trusts, living wills, and powers of attorney. Estate law also covers intestate succession, which governs the distribution of property when someone dies without a will. Here is a brief legal overview of the tools lawyers use to help their clients create estate plans.

Wills & Trusts

A will is a legal document that allows someone 18 or older to direct the distribution of their property when they pass away. Parents use wills to name guardians to care for their minor children. When people die without wills, probate courts apply state laws to distribute property and appoint child guardians.

Lawyers help individuals create trusts to hold real and personal property for their own use or for others to protect assets from creditors and reduce tax liability. The ownership of trust property passes without probate court action.  

Living Wills

Living wills take effect while the maker is still living. A living will expresses an individual’s wishes regarding medical treatment, such as blood transfusions or using artificial devices to maintain bodily functions, after a life-threatening illness or accident. Individuals use these documents to make their end-of-life decisions known to loved ones and medical professionals.

Power of Attorney

A power of attorney is a legal document that gives someone you trust authority to make decisions about and handle business and personal matters. The person who receives the authority from the principal is called the attorney-in-fact, or the agent, and the scope of authority can be very limited or broad. A durable power of attorney gives an agent the authority to make important health care decisions for the principal.

At James T. Kratovil Law Offices, PLLC in Charles Town, the experienced estate law attorneys, licensed in West Virginia and Maryland, help you develop plans to protect your assets while providing for yourself and your loved ones. Put more than 30 years of legal wisdom to work for you and get peace of mind. Call (304) 728-7718 now to schedule a confidential lawyer consultation.