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What You Can and Can’t Do About Your Estate

Managing an estate isn’t easy; it involves much planning, preparation, and documentation. Even when the intentions of the deceased are clear, there can be many legal restrictions on settling their affairs in their absence, especially if their beneficiaries or family try to contest those wishes. Understanding what you can and cannot do concerning your estate is essential to ensure your belongings, property, and even body are handled carefully and respectfully. Below are some key considerations for managing an estate and advice about following through securely with its disposition.

Estate Planning Basics

Creating an estate plan is important to ensure your assets are distributed according to your wishes. A comprehensive estate plan includes various legal documents, such as a will, power of attorney, and insurance policies. These documents clarify how to manage and distribute your assets in the event of your death or incapacity. A well-crafted estate plan also considers potential changes in circumstances, such as adding or removing beneficiaries, through using trusts and other legal instruments.

Additionally, including living wills, healthcare proxies, and living trusts in your estate plan helps ensure that your medical and financial affairs are handled as you desire. Establishing an estate plan can bring peace of mind to you and your loved ones, allowing you to plan for the future and protect your assets.

Assets You Can Control and Protect

While there may be some assets that are beyond your control, there are those that you can manage and safeguard. One such type of asset is investments, which can be monitored and adjusted as necessary to ensure a solid financial future for your family. In addition, tangible property such as real estate or vehicles can be transferred to loved ones or sold to generate income. Another critical aspect of asset control is intellectual property, which can be passed on to heirs or licensed for use by third parties. At the same time, it’s important to ensure that any accounts held in your name are closed or transferred to avoid legal or financial complications. By taking control of your assets now, you can enjoy peace of mind and protect your family’s future.

Legal Documentation You Need

To ensure your estate is managed according to your wishes, it’s important to prepare the appropriate legal documentation. This includes a last will and testament outlining how you want your assets and debts distributed after death. If there are any minor children, then a guardian should also be appointed who will take responsibility for them in the event of the deceased’s death. Additionally, you will need to create a power of attorney document that appoints a trusted individual to make decisions on behalf of the estate if the deceased becomes incapacitated or dies.

Finally, you have to ensure that all relevant documents are updated and properly filed with the appropriate agencies, such as HM Revenue & Customs. This includes certificates for marriages, births, and deaths, insurance policies, tax returns, and other financial documents.

Things You Cannot Do With Your Estate

While you have considerable control over your estate, you still cannot do certain things. This includes changing a will or power of attorney documents without legal advice. Additionally, changing the beneficiaries on life insurance policies or other investments is impossible without proper authorization. Furthermore, if any debts remain after the deceased’s death, they must be paid off either by the estate or the creditors before any assets can be distributed. Finally, you cannot transfer any property without legal permission from a court of law.

Benefits of Working with a Professional Attorney

When it comes to creating an estate plan, it is important to work with a professional attorney. They can provide a wealth of knowledge and expertise to ensure that your documents are both legally binding and accurate. With their guidance, you will have peace of mind knowing that your assets are protected from creditors or potential disputes within your family. Should any transfers or changes in ownership be necessary, an experienced lawyer can help facilitate the process.

Furthermore, they can provide valuable insight into estate law, ensuring that you understand what you can and cannot do with your assets. Overall, working with a professional attorney can help you to secure your financial future and protect your legacy.

Managing an estate is complex and involves many legal considerations. Estate planning professionals can help you create the appropriate documents to protect your assets and ensure that they are distributed properly after death. Additionally, understanding what you can and cannot do concerning your estate is essential to ensure everything is handled accordingly. With proper legal counsel, you can ensure that your wishes are respected and carried out promptly.

Kara Masterson is a freelance writer from Utah. She graduated from the University of Utah and enjoys writing and spending time with her dog, Max.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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