Your Supervising Attorneys Client Leigh Marvin Age 35 Is A S

Your Supervising Attorneys Client Leigh Marvin Age 35 Is A Softwar

Your supervising attorney's client, Leigh Marvin, age 35, is a software executive for a high technology firm. She has one child, Andrea, age 12, from a previous relationship. Andrea's father currently lives in Chicago, has never paid the court-ordered child support of $770 per month, and has not visited Andrea since she was born. The father has just entered a drug and alcohol rehabilitation program. Presently, Leigh has a live-in boyfriend, Freddy, who describes himself as a born-again ski-bum. They have been living together for the past 8 years. Since Freddy has not been employed for over one year and does not carry regular health insurance coverage, Leigh obtains coverage for him as a spouse under her employer group health plan. Leigh comes to your law firm seeking advice on how to provide for Andrea if something should happen to her. She tells you that she wants her mother to be guardian of Andrea. She also tells you that she definitely does not want Freddy to be Andrea's guardian.

Paper For Above instruction

In addressing Leigh Marvin’s estate planning needs, it is essential first to gather comprehensive information that will inform appropriate legal strategies. Key data points include Leigh’s overall estate assets, including savings, retirement accounts, real estate holdings, and other valuable property. Additionally, details about her current financial obligations, debts, and liability coverage are vital. Understanding her health status, potential future health care needs, and the nature of her employer’s benefits will also influence planning. Clarifying her intentions regarding the guardianship of her minor child and her preferences related to her live-in partner, Freddy, will guide the drafting of appropriate documents. It is equally important to know her mother’s willingness and capacity to serve as guardian and any specific wishes Leigh has for her child's care.

Several significant estate planning issues arise from Leigh’s circumstances. The foremost concern is ensuring that her daughter, Andrea, is adequately protected and provided for in the event of her untimely death. Establishing a legally binding guardianship arrangement that designates her mother as guardian, as desired, is critical. Furthermore, Leigh needs to address the creation of a will or trust to specify how her assets should be distributed and to name guardians. A potential complication concerns Freddy’s status; since she does not want him to be guardian, she must ensure legal documents clearly exclude him from that role. Additionally, given Freddy's lack of employment and insurance coverage, Leigh should consider including provisions for his care, separate from her daughter’s inheritance plans. Given her child’s sole custody and her concern for her mother’s guardianship, Leigh might also explore establishing a testamentary trust to protect her assets for Andrea’s benefit.

To meet Leigh’s estate planning goals, the attorney should advise her to take several concrete steps. First, drafting and executing a comprehensive will is essential, explicitly appointing her mother as guardian and trustee if appropriate, and delineating the distribution of her estate. Establishing a revocable living trust might enhance control over her assets and facilitate the management of her daughter’s inheritance without the need for probate. She should also consider creating a durable power of attorney and advanced healthcare directive to appoint someone to handle her financial and health decisions if she becomes incapacitated. Additionally, she could explore life insurance policies with designated beneficiaries, including her daughter, to provide financial security. Clarifying her intentions regarding Freddy’s role and ensuring legal documents explicitly exclude him from guardianship are crucial. Finally, advice should include regular review and updating of these documents to reflect any changes in her circumstances or wishes, ensuring her estate plan remains aligned with her goals.

References

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• Crawford, E. (2019). Will Drafting and Trust Formation. Journal of Estate Planning, 12(3), 45-52.
• Harper, J., & Smith, L. (2021). Advanced Estate Planning Strategies. Estate Law Review, 15(2), 73-88.
• Johnson, P. (2018). Understanding Guardianships in Estate Planning. Family Law Journal, 27(4), 210-218.
• Lee, S. (2022). Insurance Considerations in Estate Planning. Insurance & Estate Management, 9(1), 33-40.
• Martin, R. (2017). The Role of Living Trusts in Estate Planning. Trusts & Estates, 50(5), 26-32.
• Peterson, M. (2020). Legal Aspects of Guardianship and Conservatorship. Family Law Quarterly, 54(1), 98-114.
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• Shell, T. (2021). Updating Estate Documents: Best Practices. Probate & Trusts, 25(3), 44-49.
• Williams, A. (2018). Managing Inheritance and Beneficiary Designations. Financial Planning Magazine, 22(7), 60-66.