Helpful Estate Plan Videos with Transcripts

How can I avoid the accusation of undue influence?

Welcome to Frank Bruno Law. I am Frank Bruno. I’m an elder law and probate attorney in New York. Today’s topic, how can you avoid an allegation of undue influence? So, what does that even mean?

Well, in the preparation of a Will, it should be between the testator and the attorney drafting the Will. And what sometimes happens is that after a Will is brought to probate, a sibling, a relative, someone that’s not maybe getting what they believe to be their fair share of the estate of the decedent. That person can allege, if they want to contest the Will, they can allege undue influence, undue influence.

Now, what does that mean? Well, the allegation would be that a person that was ultimately named in the Will, the beneficiary, somehow inappropriately influenced the behavior, conduct, and the choices that the testator made. So how do you avoid that?

Well, I’m trying to find where my eyes are going. Sometimes I can never find where I’m supposed to look. I don’t know. It’s the silliest thing.

Well, if you have a person that you’d like to favor in your Will, maybe give them a higher percentage, more money, a certain asset should go to that person exclusively. A good course of action would be to eliminate that person from the process completely.

Don’t have them take you to the attorney. Don’t let them sit in on any meetings. Don’t let them be there at the Will signing. Don’t let them schedule your appointment. Keep them out of the process so that they’re not actively engaged and later on, should there ever be a will contest? They can really answer the questions that “No, I didn’t schedule an appointment.

I wasn’t there. I didn’t meet with the lawyer. I didn’t know what was going to be in the Will.” Right. You want them to be, you want to put them in a position where they honestly answer those questions in that manner. That’s what I have for today. Be well, be safe!

What does my executor do? Part 1

Welcome to Frank Bruno Law. I am Frank Bruno. I’m an elder law and probate attorney in New York. Today’s topic, it’s the first of a series of videos I’m going to have on what does your executor do? So generally speaking, an executor takes care of the affairs of the person that passed away. They manage and

probate the will, they collect assets, they distribute them to beneficiaries, they deal with third parties to hire lawyers, right. So, all of those tasks at the very least are what an executive does, and I’ve identified at least 15, and you know, as in many things in the law, I can expand that number to probably 19 or 20 or break it down to, you know, six or seven, depending on how finally, you know, the gradient in which I go.

So we take a like say a piece of bread and we make slices. We can go very thin on our slices and that’s what I’ll do to a certain extent so that we can figure this out and work through the issues. So the first duty that an executor has, is to locate and file the Will with the Surrogate’s Court.

Again that’s a big task, so do we want to start there or would the actual task be to locate the Will, the original Will, and then bring it to an attorney to create and draft a petition for ultimately obtaining letters of administration. So I’ll leave it here as the first task is to locate the original will.

Then either file it in the Surrogate’s Court or bring it to an attorney. Now, since I’m an attorney, I’m thinking you should bring it to my office. If you would like to speak with me about this or any issue related to probate or to our senior population, please go to my website frankbrunolaw.com.

What are the principal duties of an Executor?

Welcome to Frank Bruno Law. Today’s topic, a continuation, what are the principal duties of your executor? An executor is the person named in the Will and that person is responsible to probate your Will in New York, the Will has to be taken to the Surrogate’s Court. So yesterday was the first day. On this topic day two, the executor has to secure death certificates of the decedent.

The executor also has to gather all documents necessary to probate the Will. What does that mean? Well, each case will be different. Each circumstance is different. You need the original Will, you need information about the assets of the decedent, you need information related to beneficiaries or heirs, so gather up documents.

I think that’s all we’ll get to today. I identified 15 principal duties of an executor. Yesterday I gave a couple, today I gave two. I’m going to continue the series today’s day two, we’ll march on tomorrow. If you need to speak to me about your case, your situation, go to frankbrunolaw.com.

How can I use beneficiary designations to avoid probate?

Welcome to Frank Bruno Law. I am Frank Bruno. I’m an elder law and probate attorney in New York. Today is a continuation of the series, the six methods to avoid probate. Today’s method, beneficiary designations on life insurance policies and retirement accounts. It’s a really simple and effective method to avoid probate.

Before I expand, if you’d like to give me a call and discuss your situation, please go to my website, frankbrunolaw.com. You can schedule an appointment. I’ve been doing a 15, 20-minute telephone calls and if there’s an issue that I can help you with, we can schedule an in-person appointment. I also conduct zoom, in-person, and telephone appointments.

So, beneficiary designations. Life insurance proceeds, and retirement accounts, such as 401k or IRAs, a person has the ability to put a beneficiary on. So, that on the death of the holder of these accounts, any monies in those respective accounts or life insurance policy will be transferred directly to the beneficiary. They just needed to produce a death certificate. There’s pros and cons to this method. If you have a life insurance policy or the accountant actually will give information for both of these categories.

If you put one person on as a beneficiary, but you have three, four or five children, or you would like to split that asset up among a few people, a beneficiary designation may not be the way to go. You might want to have that asset be made payable to the estate of, and then it could be distributed. Also, if you have a beneficiary designation, the person will get a lump sum of money. Whereas if you put it into your trust, you could have that money dispersed over a longer period of time.

And you could assist the person, if you know that this is the type of person that maybe has a drug or alcohol problem or they’re a spend thrift, or they’re not good with money, or if they had a large sum of money, they might spend it on one venture and potentially be out the money. Whereas you might want to give them a lifetime of security by having the money, dispersed to them over a longer period of time.

These are different strategies that we could discuss, if you would like to discuss this or any other topic affecting the senior population, elders, or transferring wealth to the next generation. Please reach out to me, frankbrunolaw.com.

Why do you need a power of attorney?

Welcome to Frank Bruno Law. I am Frank Bruno. I’m an elder law and probate attorney in New York. Why you need a power of attorney? You need a power of attorney, ah! Before I get to that, if you’d like to speak with me about a power of attorney or any issue dealing with elder law please go to frankbrunolaw.com. Why would you need a power of attorney?

Well, in the event that you had some condition that prevented you from acting on your own behalf, it is good to appoint a trusted advisor, a person that can act on your behalf, an agent. So in the event, the power of attorney is a document that you name a person to step into your financial and legal position to act on your behalf.

It’s a great document to protect the person in the event that you have dementia, Alzheimer’s disease, a stroke, or become incapacitated in some way. If you have that condition, the power of attorney and specifically a durable power of attorney will survive your incapacity. Now, some people are concerned about the document.

There are steps we could take. We could do a power of attorney prepared for you and put language in that it won’t be released until an eventual incapacity, or it would only be released specific direction, a power of attorney can be revoked at any time provided the maker has capacity.

So really there’s much more I could say about the power of attorney, but you really should think about having that document and you should create the document before you’re faced with that any incapacity of some kind, because then you can’t recreate it. You can also have it and not need to use it, but if you’ve never made it and you need it and it doesn’t exist, then your family will have to go through a guardianship proceeding, costly, lengthy, time-consuming, anxiety ridden. So, please reach out to me at frankbrunolaw.com.

Why should you sign a health care proxy?

Welcome Frank Bruno law. I am Frank Bruno. I’m an elder law and probate attorney in New York. Today’s topic, I saw question posted with a weird angle. The question was, why you should sign a healthcare proxy? Yes, that’s, how it was, why you should sign a health care proxy, not as if the question is posed from a just a regular consumer person typing in questions to the internet, you know, why should I sign a healthcare proxy?

It’s “why” no, not “why don’t”. Yes, “why you should.” Okay, basically enough. I wasn’t sure that I really saw the answer to that, why you should. So, a healthcare proxy, once you sign, it allows someone else to access your medical records and dialogue with your doctor. Right? So, make medical decisions for you, speak with your doctor, access medical records in the event that you can’t.

I guess why should you is because if you can’t do those things, you would like a representative, a person on your behalf that’s very concerned about your wellbeing. Right? You’re going to have this be a person that really is looking out for your best interests your deepest, closest relationship, your best friend, your spouse, an adult child that doesn’t have an in for you.

That’s why you should do it. You should do it because if you can’t speak for yourself, you need a champion in your corner. I could be that person for you. Why should you call me? Well, you should if you need answers, if you need assistance with your circumstances. Please go to frankbrunolaw.com, make an appointment.

We’ll have a conversation. We’ll figure things out.

Can a guardianship proceeding stop a divorce?

Welcome to Frank Bruno Law. I am Frank Bruno. I’m an elder law and probate attorney in New York. Today’s topic, I’m going to discuss a court appearance and a court assignment that I was given in the area of, at the interplay between article 81 guardianship and divorce. So, there was a case that predated my involvement.

Where a husband and wife were getting divorced, and this is really in the area of a gray divorce, right? A senior couple getting divorced and someone in the proceeding, again I wasn’t there, identified that one of the spouses, husband or wife, I want to leave it a little mysterious.

One of the spouses required a guardian. So, the divorce was halted, and a petition was made for the appointment of a guardian and a hearing was held. And as a result of the hearing, I was appointed the special temporary guardian of this individual. Now I represent the person I represent, well, I do represent, let me, let me explain this.

I am now the guardian, special guardian of the person and I’m counsel to the special guardian. So, I have both the role of guardian and I’m the lawyer for the guardian. And the reason I need to be my own lawyer, well a lawyer for the guardian of this individual, is that I am in the midst of the defense and prosecution of the divorce.

So as people age, it’s not always with age, but as people age, we may have to confront the issues of or variety of dementia, Alzheimer’s, Lewy Body syndrome, there’s more than 140 recognized forms of dementia. And in this instance, the divorce could only continue after the introduction of a guardianship case and the appointment of a special guardian.

So, if you have any issues like this, maybe your parents are getting divorced. If your spouse has some issues you may need to call me, and we can work through the issues. I can be reached through my website, frankbrunolaw.com.

Can I Use Gifts To Avoid Probate?

Welcome to Frank Bruno Law. I am Frank Bruno. I’m an elder law and probate attorney in New York. Today is the last day of my series, the six methods to avoid probate. I might have one more, actually, to summarize these, but for today, this is method number six and it is lifetime gifts. You can give your money away during your life.

You can give to any one individual, the sum of $15,000 per year, gift tax free. Say you have three children, you could give to child A, B and C $15,000 each. In my example, you can remove $45,000 from your probate estate by giving that money to your children. If you have seven grandchildren, you could give away $15,000 to each of the grandchild every year.

Right? Let’s do the math 15,000 times seven. 90, 105 maybe? I didn’t do the math but, you get rid of it. Now, gift tax and the world of Medicaid do not speak to each other. They follow different rules. So, if you’re in or around the five-year period prior to the need of nursing home, they may not know. Medicaid will look at any gift, not $15,000. They’ll look at any gift over $1,500. The actual number right now is $1,200. Any gift over $1,200 has to be explained. Any disbursement within the five years, the 60 months before applying for Medicaid has to be accounted for; you have to state $250 to go to this wedding or $300 to pay for this room being painted, etc.

Whatever your situation is you have to account for every disbursement, from the bank accounts. The gifts made during your life, if that person is healthy, robust, young, and they want to give away the money, it reduces the probate estate and you get the benefit of seeing the person enjoy the money during your life.

Let's talk about Beneficiary Designations

Welcome to Frank Bruno Law! I am Frank Bruno. I am an elder law and estate planning attorney in Queens, New York. I’ve been serving Queens and the surrounding counties for more than 20 years.

Today I would like to speak to you about beneficiary designations. Before I do that, I’d like to let you know if you want to meet with me, if you have a question, if you’d like to speak with me on the phone please check out my website www.frankbrunolaw.com and you can find my scheduling page at  www.callfrankbruno.com.

Beneficiary designations, what are they? Well, life insurance policies, annuities, and retirement accounts allow you to designate a beneficiary. That means upon your death, the sums of money within those financial instruments goes directly to your beneficiary. There is a pro to that. The pros are, you avoid the cost and the delay associated with probate. It’s also not a public event, all the beneficiary has to do is produce a death certificate provided to that institution and the money will be given directly to them. Now there’s a con, the con is that the beneficiary designation will defeat your will or trust. It happens by operation of law; meaning it’s automatic. Now it is a very useful technique within a larger estate plan. You may very well want to avoid probate and the costs associated but you have to determine within the grand scheme. What you want to do and how you want to do it?

Now who can be a beneficiary and who can you designate? Well, it could be your spouse, it could be your children, it could be your charitable organization, it could be your significant other. It could be your own trust or whoever you want to name. I will tell you that you should keep your beneficiary designations up to date and some of the milestone events in your life like births, deaths, remarriage. You would be in significant trouble if you left your ex-spouse as the beneficiary of your life insurance policy. I don’t think too many people would want to do that.

Again, if you need to speak with me, if you’d like to speak with me, please go to www.callfrankbruno.com. Thank you!

How do I create a trust?

Welcome to Frank Bruno law! I am Frank Bruno. How do we create a trust?

How do we create a trust? Well a trust is created by a settlor, s-e-t-t-l-o-r or we call that person a grantor. The settlor creates the trust and takes property and money or physical real property and places it into the trust. The settlor names a trustee. The trustee acts on behalf of the trust for the benefit of the beneficiary or multiple beneficiaries. What else could I say about it? If money or property is never placed into a trust, then it’s not funded and the trust really is a useless document; so we have to fund it. It’s created from a settlor, you have a trustee who manages the trust and the affairs of the trust and then you have beneficiaries and those are the three-party participants, or the people involved in the trust.

What else? A trustee can be compensated, a trust can be an individual person, or it could be a corporate trustee. The trustee has a fiduciary responsibility. So that’s how you create a trust. If you would like me to create a trust for you, please reach out to me. If you have a trust and you want to discuss amendments or discuss how your trust works within the context of your comprehensive plan, please reach out to me at www.frankbrunolaw.com. Thank you!

What is an Estate?

Welcome to Frank Bruno Law! I’m Frank Bruno. Today I’d like to speak with you about your estate. What is an estate? What can I let you know? If you have a question, if you’d like to set an appointment, please go to www.callfrankbruno.com. Set a time, we can speak on the phone or in person.

Well, what is an estate? We hear of estate planning, what are we planning? Well, an estate consists of all your personal property such as jewelry, comic book collection, baseball cards, Hummels, figurines, all those personal items, real property, the personal residence that you live in, any investment property that you may have, stocks and bonds, mutual funds, any kind of investment account, 401k, 403b, any retirement accounts that’s part of your state.

Cash, money in the bank, green cash, gold cash, gold nuggets or regular checking or savings account, annuities, insurance policies, and all your stuff that consists of your estate. Again, if you need to speak with me, if you’d like to set an appointment, please go to www.callfrankbruno.com. Thank you!

Who Needs an Estate Plan?: The Butcher, The Baker and The Candlestick Maker

Welcome to Frank Bruno Law! I am Frank Bruno. I’m an elder law and estate planning attorney in New York. Today I want to tell you about two conversations that I had yesterday that I think people would benefit from. Before I get to that, if you’d like to book an appointment, to speak with me in person or on the phone, please go to www.callfrankbruno.com. Yesterday, I had a telephone call with a gentleman I know from the real estate industry and he said Frank I’ve been watching your Facebook videos both me and my wife. He said I’m 68 years old, is this for me? So I said yes. Yes you’re a young, vibrant 68 years old, you’re still in the workforce, you’re healthy. Yes! You need to plan now, and it is for you. We had a little conversation and he told me that he had a Will and gave me some specifics about the Will, and I said that really could be a fine plan. It could really be good but it does not anticipate any need for long-term care so he and his wife are going to come in and we’re going to go through the ins and outs and the challenges that may be ahead. Later in the day, I had a 29-year-old single woman with two children come in and she also needs a plan right? She doesn’t need the same plan, but she needs a plan specific for her and for her children. Both of her children are under 18, they’re minors, so yes she also needs a plan. We all need a plan! The butcher, the baker, and the candlestick maker. If you would like to speak with me, if you have any questions, please go to www.callfrankbruno.com. Like and share this post, give me a like, I think you could like my law office that would be helpful, and I look forward to speaking to you soon!

Safety Deposit Boxes

Welcome to Frank Bruno Law! I’m Frank Bruno. I’m an elder law and estate planning attorney in Queens New York. I’ve been serving Queens and the surrounding counties for the past 20 years. Today, I want to speak about an interview that I conducted yesterday. The situation that came up that I think many of my listeners could benefit from. But first, if you have a question for me, if you’d like to have a consultation, please go to www.callfrankbruno.com and schedule an appointment. Yesterday, I conducted an interview with a woman. An elderly woman and her adult daughter and we reviewed some documents that she brought to me including a photocopy of her will. I reviewed the will and we discussed what had changed and what her present needs were. Along the way, I asked where the original will was and the original will is in a safe deposit box. I’d like to mention; you really need to have either another person be a co-owner of the safe deposit box or you should take the Will out of the safe deposit box and place it in another safe location or home. Maybe a fireproof box. When the time comes that the original Will is necessary upon the passing of the Will holder, the original has to be produced and that original Will be difficult to get from the safe deposit box if you don’t have a co-owner. It will involve a proceeding in Surrogates’ Court. We make an application to have the Box opened. It’s a proceeding that comes at a time when you don’t really need to have any extra effort, any extra time spent, it will be a delay and there will be a cost associated with it. So please safeguard the Last Will at home. If you have any other questions, if you’d like to meet with me, please go to www.callfrankbruno.com. Thank you!

Estate Planning for Unmarried Same-Sex Couples

Welcome to Frank Bruno Law! I’m Frank Bruno. I’m an estate planning and elder law attorney located in Queens, New York. I’ve been serving the community for more than 20 years. Today, I’d like to speak to you about an interview I conducted today with a same-sex couple. An unmarried same-sex couple but first if you’d like to make an appointment with me, please go to www.callfrankbruno.com. If you’d like to see my website, take a look at my blog posts, and articles that are written, please go to www.frankbrunolaw.com. Today, I interviewed a couple. An unmarried couple that wanted to plan together. Well, it certainly is possible to have the desire and the reasons to want to plan together but an unmarried couple cannot have a joint trust. We talked about a number of other things that they could do such as beneficiary designations, leaving each other in the will, putting each other as trustees of a trust, but singles have no set person that’s identified as their partner and therefore they can’t be holders of a joint trust. We also discussed the health care proxy power of attorney, living Will, and trusts. This among many other things can be discussed at my office. If you have a question, if you’d like to speak with me, if you’d like to set an appointment, please go to www.callfrankbruno.com. Thank you!

First Post in a Multi-Part Series on Trusts

Welcome to Frank Bruno Law! I’m Frank Bruno. I’m an estate planning and elder law attorney located in Queens, New York. Today, I’d like to start a multi-part series on trusts. What is a trust? But first, if you’d like to set an appointment with me, if you’d like to speak on the phone, please go to www.callfrankbruno.com. What is a trust? Well, I’d like to give you some information about this area of the law. I will tell you that it’s a very broad and deep area of law. It’s an area that I’ve studied for years. I’ve gone to many trainings, week-long training sessions at a time, and have practiced in this field for a long time so we can’t get everything at once and we’re gonna take small little bites and together, we’ll explain a little bit about trusts and have you learn a little bit more so that you can make a sound decision about your own situation. Well, what is a trust? The legal terms for trusses, it’s a contract between the grantor, the trustee, and the beneficiaries. A grantor is a person that owns the asset. The trustee is the person that controls the trust. In certain trusts, it could be the same person. The beneficiaries, are the people that receive benefits from the Trust. There are two broad categories of trusts. One is called a testamentary trust and another set of trusts are called living trusts and we can describe those by thinking about a testamentary trust is created upon your death and a living trust is created while you’re living. A testamentary trust is created within your will and I want you to think about it like this. We call the title of the document, a will. It’s a last will and testament. So, within that document upon a person’s death, there can be created a testamentary trust. Now that Trust has no effect during the life of the person. It is created upon the person’s death and after an executor goes to surrogates court and has the will probated. So the situation with a testamentary Trust is that it’s not a useful document for disability and it’s not a useful document to avoid probate because it requires probate to exist. So that’s a testamentary Trust. There are more things I could say, it’s more detailed and complicated than that but as an initial discussion, that’s what I’m going to leave testamentary trusts. The other very broad category are living trusts. As the name implies although it’s not always intuitive. It’s created while you’re alive, while you’re living you create either a revocable or an irrevocable trust. Revocable means you could rip up the trust, you could revoke it whenever you wanted to. If you wanted to, there are consequences to that and circumstances but broadly that’s what revocable means. And there’s an irrevocable trust. That means once you put any assets into the trust, they can’t get back out of the trust without some difficulty. Alright, there might be a way that we can explode the trust or break it up or ultimately end it but really very concretely revocable can be revoked. Irrevocable cannot be revoked unless certain circumstances exist. If you have any further questions about this or any other related topic to elder law and estate planning, please go to www.callfrankbruno.com. You could also look at my website www.frankbrunolaw.com. I’m open to questions, comments, phone interviews, and in-person meetings. Thank you very much for your time and this is just the first of a multi-part series on trusts. Thank you!

Third Post of a Multi-Part Series on Trusts –SNT

Welcome to Frankl Bruno Law! I’m Frank Bruno. I’m an estate planning and elder law attorney located in Queens, New York. Today is part 3 of my series on trusts and if you have any questions on trusts or want to reach me, please go to www.callfrankbruno.com. Today we’re going to detour into the world of special needs trusts. There are two broad categories, pooled special needs trusts which are run by charitable organizations, and private special needs trusts. SNTs can also be called supplemental needs trusts. This is when a person either classified as disabled or with special needs either presently has or seeks to obtain government benefits such as Supplemental Security Income, Medicaid food stamps, house shelter allowances. Housing those government programs have strict resource limits and what a person needs to do is if they have large assets in their name, they need to put open up a special needs trust, put the assets into the special needs trust either continue with their government benefits or apply for government benefits and then use the assets within the special needs trust to supplement not supplant basic necessities. The money within the special needs trust cannot pay for food or shelter but it can pay for things like vacation education certain medical needs that aren’t covered by insurance and upon the applicant’s death there is a recovery by the government up to the amount of the asset that’s within the special needs trust. So, if you have any questions on special needs trusts or the area where to look, please reach out to me at www.callfrankbruno.com. Thank you!

Second Video in a Multi-Part Series on Trusts

Welcome to Frank Bruno Law! I’m Frank Bruno. I’m an estate planning and elder law attorney located in Queens, New York. Today will be part two of my bite-size series on trusts but first I can be reached at www.callfrankbruno.com for telephone or in-person consultations. Yesterday we learned that a trust is a contract. It’s a legal contract between a grantor, a trustee, and a beneficiary and that’s the legalese of the document. A trust is a legal document or a legal instrument created by an attorney and it’s similar in nature to a corporation in that it’s a separate entity that can own, hold, buy, or sell property according to a specific set of instructions. Now, it’s the specific set of instructions that sets a trust apart. The instructions is like a rule book, like an instruction manual for how a trustee will manage the trust. Now the grantor can set conditions for when the trustee can distribute assets to the beneficiaries. A set of conditions can be something like “upon my death, all of my assets go to this beneficiary or these series of beneficiaries ABCD”, however many different conditions that a grantor can set and dictate for a trustee to follow is “upon my beneficiary reaching the age of 25, I want this sum of money or this percentage of money to go to that person”, “upon the age of 35 I want the remaining sum of money to go”, or whatever the grantor wants to put into the trust. It’s specific and as unique as individuals are. Now that would be for either a revocable living trust or an irrevocable trust. The takeaway for today on a revocable living trust is that it’s a private document, it’s not open to public scrutiny, and that it doesn’t provide asset protection for the grantor during their life. It could provide asset protection to the beneficiaries so upon the grantor is death but that’s the key takeaway for today. A revocable living trust does not provide asset protection for a grantor. Okay, if you need to speak with me, I can be reached at www.callfrankbruno.com. Thank you!

A Durable Power of Attorney Cannot Limit the Actions of the Drafter Transcription:

Welcome to Frank Bruno Law. I am Frank Bruno. I’m an elder law and probate attorney in New York. Why you need a power of attorney? You need a power of attorney, ah! Before I get to that, if you’d like to speak with me about a power of attorney or any issue dealing with elder law please go to frankbrunolaw.com. Why would you need a power of attorney?
Well, in the event that you had some condition that prevented you from acting on your own behalf, it is good to appoint a trusted advisor, a person that can act on your behalf, an agent. So in the event, the power of attorney is a document that you name a person to step into your financial and legal position to act on your behalf.
It’s a great document to protect the person in the event that you have dementia, Alzheimer’s disease, a stroke, or become incapacitated in some way. If you have that condition, the power of attorney and specifically a durable power of attorney will survive your incapacity. Now, some people are concerned about the document.
There are steps we could take. We could do a power of attorney prepared for you and put language in that it won’t be released until an eventual incapacity, or it would only be released specific direction, a power of attorney can be revoked at any time provided the maker has capacity.
So really there’s much more I could say about the power of attorney, but you really should think about having that document and you should create the document before you’re faced with that any incapacity of some kind, because then you can’t recreate it. You can also have it and not need to use it, but if you’ve never made it and you need it and it doesn’t exist, then your family will have to go through a guardianship proceeding, costly, lengthy, time-consuming, anxiety ridden. So, please reach out to me at frankbrunolaw.com.