Paralegals’ Guide to Drafting Wills, Health Care Proxies, Living Wills & Power of Attorneys

This foundational session covers critical terminology including probate vs. non-probate property, key roles like executors and administrators, and methods of distribution such as per stirpes and by representation. Participants will also learn intestate distribution rules and current estate tax exclusion thresholds.

Explore the basic structure of wills and trusts, including introductions, specific gifts, residuary clauses, and fiduciary appointments. This session compares wills, revocable trusts, and irrevocable Medicaid trusts while introducing tangent documents like healthcare proxies, living wills, and powers of attorney.

Learn what personal details to collect from clients including identification, employment, marriage history, medical information, and complete family trees. This session emphasizes the importance of documenting biological relationships, disability status, and building a comprehensive picture of the client’s support network.

Discover why financial information matters for identifying estate tax issues and distinguishing probate from non-probate property. This session covers documenting income-producing assets, real estate holdings, business interests, life insurance policies, and the critical importance of verifying beneficiary designations.

This session addresses gathering information about client liabilities, safe deposit boxes, prior legal documents, and fiduciary roles the client may serve. Participants will learn best practices for document storage and why original estate planning documents should never be kept in safe deposit boxes.

A brief intermission allowing participants to refresh before continuing with the drafting and execution requirements portion of the program. Use this time to review notes and prepare questions.

This comprehensive session covers executor selection, guardian appointments for minor children, age of distribution considerations, and provisions for disabled heirs or addiction issues. Participants will master New York’s will execution requirements including witness rules and self-authenticating affidavits.

Learn to gather healthcare proxy information including agent selection criteria and organ donation preferences, plus execution requirements specific to New York. This session also covers living will provisions for end-of-life decisions and how to address common client concerns about these sensitive documents.

Explore the extensive powers that can be granted in a POA, from banking and real estate to gifting authority and self-dealing safeguards. This session details special provisions like HIPAA authorization, monitor appointments, and New York’s specific execution requirements including notarization and witness rules.

Address the unique challenge of accessing Apple accounts after a client’s death, which requires costly court orders regardless of state digital asset laws. Learn about Apple’s Legacy Contact feature and how to coach clients through setup to save their estates thousands of dollars and significant frustration.