With all the complicated decisions related to Probate and Elder Law, how do you know where to start? We focus on helping you understand the options and finding a plan that fits your specific needs and best interests. Our deep experience in estate planning, wills and trusts, powers of attorney, probate and trust administration as well as guardianship and conservatorship will give you confidence that you’ve made the right decisions and you’re prepared for the future.
We know that sometimes things happen unexpectedly—like illness, dementia, or sudden loss. In those tough times, we are here to support you and your family with kindness and care. Even without pre-planning, we can help you navigate the choices to get the best outcomes.
Whether you have questions or just want expert guidance, please contact us. We’re here to help you feel secure and ready for whatever comes next.
A will is a legal document that outlines your wishes for asset distribution and the nomination of a Personal Representative. It can also name guardians for minor children. It ensures your wishes are followed but must go through Probate Court, which can involve fees, loss of privacy and delays. Wills do not control all of your assets or allow for the management of your assets should you become incapacitated. A trust on the other hand manages your assets, avoids probate and can reduce estate taxes. A trust allows you to control distributions, protect spendthrift beneficiaries, and appoint a trustee for asset management at your death or during incapacity. Trusts maintain privacy, reduce costs, and avoid delays if properly funded.
A financial power of attorney allows you to choose someone you trust, called an Agent or Attorney-in-Fact, to handle your financial matters if you become unable to do so. It can avoid Probate Court, court costs, and attorney fees, ensuring that the person you nominate can manage your affairs rather than a stranger.
A healthcare power of attorney allows you to choose someone called a Patient Advocate to make medical decisions for you if you are unable to make them for yourself. This includes end-of-life and mental health treatment decisions. It can also circumvent the privacy laws of the Health Insurance Portability and Accountability Act (HIPAA). Both powers of attorney can protect your preferences during incapacity.
Guardianship involves a court-appointed individual (guardian) who is responsible for the personal and medical needs of a minor or adult who is unable to care for themself. Conservatorship involves a court-appointed individual (conservator) who is responsible for the management of the financial affairs of a minor (under 18) or an adult who is unable to manage their own assets. Guardianships and Conservatorships can be beneficial, as they enable the protection of the Probate Court to oversee the proper care of vulnerable individuals. They can safeguard minors and incapacitated individuals from harm and neglect while making sure that their finances are managed appropriately, preventing financial abuse and ensuring the money is used for their benefit.
A will contest arises when the validity of a will is challenged in court, often due to suspicions of fraud, duress, undue influence, or non-reflection of the decedent’s true wishes. Estate litigation encompasses various legal disputes related to an estate, including disagreements among heirs, disputes over asset distribution, and challenges to the personal representative’s actions. Professional legal assistance in these matters ensures expert representation, protecting interests and resolving disputes fairly. Legal professionals also help avoid family conflicts by providing an objective perspective and facilitating fair solutions.
Emergency estate planning offers rapid assistance in urgent and unexpected situations, such as sudden illness or accidents. A plan can be put into effect to ensure that your wishes are legally documented and binding. It can provide a temporary solution to protect assets until a comprehensive plan can be developed. It can also provide documentation regarding your medical care. The benefits include peace of mind, knowing that your intentions are documented and can be adhered to even in unforeseen circumstances. Additionally, taking swift action safeguards your assets and ensures healthcare and financial decisions align with your preferences.
