Probate
Facing Complex Challenges
We recognize that facing the loss of a loved one or the possibility of incapacity can be a deeply emotional experience filled with uncertainty about asset distribution and decision-making. Our commitment is to simplify the estate planning process, ensuring you feel informed and supported throughout every step to ensure that your loved-one’s estate is properly administered.
Our probate team can assist you in creating a comprehensive asset inventory, resolving any debts, and ensuring the smooth distribution of the estate assets—with clarity and compassion. We work diligently to minimize court involvement, actively seeking proactive solutions tailored to your individual needs. If a Trust has been established, we can help administer the estate seamlessly, avoiding court proceedings altogether. Additionally, we are well-prepared to tackle title complications that may arise during real estate closings involving a deceased individual. Retaining legal counsel to ensure proper administration of an estate can ease the process of dealing with contentious beneficiaries or creditors.
Non-Adversarial Approach
Having a dedicated legal partner is not merely an advantage—it’s essential for navigating the complexities of today’s legal landscape. Our commitment to personalized, client-centered solutions reflect our deep understanding of the challenges you face. Every situation is unique, which is why we take the time to listen to your concerns and work with you to develop a customized approach. With support, navigating the complexities of probate can be a seamless experience. Our probate team provides personalized service every step of the way, ensuring that you feel informed and empowered as you settle your loved one’s estate.
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Full Range of Services
- Certain assets, including those held in Trusts and those with designated beneficiaries, are not part of the probate process. However, for all other assets, it is beneficial to have a Will naming your desired beneficiaries. We can also advise estate administrators as they attempt to carry out the terms of the will during probate.
- A Power of Attorney grants a trusted person the authority to make certain decisions on your behalf, and it is often used as a contingency if you become incapacitated during your lifetime. A power of attorney for property allows someone to make decisions about your assets and finances, while a power of attorney for health care allows a person to make decisions about your medical treatment, often with the guidance of a living will.
- Probate courts handle Guardianship appointments for minors whose parents are unable to care for them temporarily or permanently, as well as adults who are unable to care for themselves. Guardians can be nominated in a will, established by petition during probate, or appointed directly by the court. Similarly to powers of attorney, legal guardians may be granted control of a person, their assets, or both.
- If the decedent had a will, it still must be reviewed and approved by the Court before the individual named in the will to serve as Personal Representative or Executor is authorized to act on behalf of the estate. If the individual(s) named to serve as Personal Representative or Executor does not wish to serve, statute determines who is next in line for appointment as personal representative. This can usually be completed by an Informal Probate with minimal court involvement.
- When a person dies without a will or other established provisions for passing on assets, there are laws that determine who have priority for appointment as personal representative of the estate and how assets are distributed. These laws prioritize immediate family members, such as surviving spouses and children. We can help get a personal representative appointed and beneficiaries claim the assets they are entitled to through Intestate Succession. Even if there is no will, this estate can often still be administered with minimal court involvement if all the beneficiaries agree.
- Sometimes an estate requires a Formal Probate. This process requires more court involvement including hearings to appoint a personal representative and varying levels of judicial oversight on the appointed personal representative. Formal Probate is usually required when there are issues with the will, personal representatives, beneficiaries, or estate assets.
- In some cases, beneficiaries and other interested parties may have grounds to Contest a Will or other elements of the estate administration process through a Formal Probate. We advise both beneficiaries and estate representatives in cases that may involve fraud, duress, lack of testamentary capacity, error, or improper creation of estate planning documents.
- Depending on the value of the estate, it may be possible to complete the administration by Affidavit. These affidavits involve little to no court involvement and are excellent tools for completing the administration of a small estate with minimal cost to the beneficiaries. Our attorneys can help you to determine the best tool for administering your loved one’s estate regardless of the value or complexity. We understand that the administration of an estate is inherently a family matter and are conscious of the importance of the relational dynamics involved.
We believe that every client deserves not just legal experience but a compassionate ally during their most challenging times. Our client-centered approach ensures that you are valued and supported throughout the entire probate process.