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Upcoming Event: Power of Attorney and Advance Directive Workshop

Learn about Advance Directives and Powers of Attorney. Free forms provided!

Next online workshop scheduled for Friday, January 31st, 2025 starting at 12:00 pm.

Our Services

Will-Based Estate Plan Package

A will allows you to determine who gets your money and your property after you die. Without a will, the state will determine who gets your money and things. Our lawyers can help you understand how the estate planning process works in Oregon, prepare the necessary forms and legal filings, and answer all of your questions about how a will works. We work on an affordable, flat fee basis to meet your legal and financial needs.

What's included

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Last Will and Testament
Power of Attorney
Oregon Advance Directive (Health Care Power of Attorney)
Health Information Access Waiver (for HIPAA)
Burial Instructions / Disposition of Remains

Trust-Based Estate Plan Package

Creating a Trust helps make sure your property goes to the people you care about and helps avoid the cost and time associated with probate. Our lawyers can help you understand how the process works in Oregon, prepare the necessary forms and legal filings, and answer all of your questions about how a trust works. We work on an affordable, flat fee basis to meet your legal and financial needs.

What's included

Revocable Living Trust
One (1) Bargain and Sale Deed to Fund Real Property (House) into the Trust
Up to three (3) Assignments to assign bank accounts and investment accounts into the Trust
Trust Funding Letter to provide instructions about funding the Trust
"Pour-Over" Will
Power of Attorney
Oregon Advance Directive (Health Care Power of Attorney)
Health Information Access Waiver (for HIPAA)
Burial Instructions / Disposition of Remains

Special-Function Trusts

Supplemental Needs Trust (aka Special Needs Trust)

What is it? A Supplemental Needs Trust (aka Special Needs Trust) ("SNT") is a trust that is used to hold either a gift (during life) or bequest (at death) that provides for a beneficiary's "supplemental needs" during their lifetime. The primary purpose of a SNT is to preserve the beneficiary’s eligibility for means-tested government benefits such as Medicaid and Supplemental Security Income (SSI). "Means-tested" means the government approves these benefits based on meeting certain income and asset limits (e.g. you can't make over a certain amount per month and you can't own more than a certain amount of assets, with certain exemptions like a house / car / etc.).
Who needs it? A potential client for a SNT would be an individual who would like to provide for the supplemental needs of an individual who is currently receiving (or going to be receiving) means-tested government benefits

Income Cap Trust

What is it? An income cap trust ("ICT") is a special form of a trust. Its sole purpose is to qualify someone for Medicaid long term care services who would otherwise not be eligible because their income exceeds the Medicaid income limit. The function of the ICT is to capture the Medicaid recipient’s income each month, make allowed distributions, and end each month with a zero balance. The state of Oregon is the named remainder beneficiary, and upon the Medicaid recipient’s death, will receive the balance of the account, if there is one.
Who needs it? A potential client for an ICT is an individual receiving income that exceeds the Medicaid income limit, but still needs long-term care service coverage with Medicaid.

Why do I Need Estate Planning?

Regardless of your age or income, estate planning can help you and your loved ones achieve important life goals like:

Avoiding the expensive and complicated process of probate
Avoiding family conflict when your wishes are clear
Controlling healthcare decisions

Preserving the ability to appoint a guardian for your minor children
Controlling end-of-life decisions
Directing financial decisions if you are unable to make them yourself

Our Estate Planning Process

Estate Planning Consultation

Once you fill out our intake form and are qualified, you'll meet with one of our attorneys for a FREE 15 minute phone call to go over your needs and outline your goals for your estate plan. We'll present you with options for meeting your goals, and explain which ones we recommend for you.

Creating Legal Documents

We write up the legal documents you need for your plan, then we go through them with you to make sure they reflect your wishes. We want you to be completely comfortable with your plan. Once it is ready, we help you make sure the documents get executed correctly and stored properly.

Guidance & Support

We don't just draft your documents; we make sure you understand how to use them. Because we don't charge hourly, you can be confident that we will take the time to answer all of your questions, all for a fixed fee* you know up front.

Become a Client

Additional Resources

The CommonSense Legal Blog

What is the difference between a will and a trust?

What is a Will? A Will is a legal document that is a set ...

What is a financial power of attorney?

A financial Power of Attorney is a legal document in which you ...

What is an advance directive?

A medical Power of Attorney is a legal document in which you appoint someone to ...