Your Custom Text Here
Accepting the responsibility to ensure that the property of another is distributed according to his/her wishes after death is important and noble. Whether or not these wishes are conveyed in a Last Will and Testament, the personal representative (or sometimes called the estate administrator) may have to open a probate estate in the Probate Division of the Court. After a probate estate is opened, compliance with various legal requirements is required for the personal representative to lawfully transfer property from the name of the deceased loved one to living beneficiaries.
Our attorneys can represent you to petition the court to be appointed as the personal representative, if needed, and our attorneys can serve as your legal counsel as you execute your duties as personal representatives.
If you have a loved-one who lacks the mental capacity to care for himself/herself, you may need to petition the court to have someone appointed as his/her legal guardian and/or conservator. A court-appointed guardian has the authority and responsibility to make decisions pertaining to health care, living arrangements, and other essentials needs to ensure personal safety and to optimize quality of life. A court-appointed conservator takes control of and responsibility for the incapacitated person’s finances to ensure the money is protected, accounted for, and is used for the incapacitated person’s needs.
Our experienced attorneys can represent you to petition the Court to have a guardian and/or conservator appointed for an incapacitated loved-one. Our attorneys can also help you to prepare the guardianship and conservatorship reports that court-appointed guardians and conservators are required to file with the Court by defined deadlines.
Executing a Last Will and Testament now, while you are mentally healthy enough to do so, will help to minimize your grieving loved-ones’ exposure to unnecessary stress, confusion, and expense. Regardless of your age or income, a Last Will and Testament is, at a minimum, a tool you should consider. Through a Last Will and Testament, you can direct who you want to have the authority to distribute your asset on your behalf after death as well direct that person to whom your assets should be distributed. If applicable, you can also name the person who you want to become the guardian of your minor children.
In addition to drafting your Last Will and Testament, our attorneys can help you explore various types of Trust documents that may serve as an appropriate vehicle to transfer certain assets to living beneficiaries without the time-delay caused by the probate process.
Lastly, if you become ill or injured and can no longer make decisions for yourself, it may be important that you have documented your wishes to be carried out by others. Our attorneys can help you to prepare a durable power of attorney and an advanced medical directives to ensure your wishes regarding your health care and/or finances are known in the event you become incapacitated.