Our Legal Services Provided

Probate & Trust Administration

Probate is the process of administering an estate of a decedent with Court oversight. We draft all Court petitions and other documents needed for the appointment of a personal representative. Once appointed, we guide our clients through the process of inventorying assets, determining valid claims of creditors, paying taxes and distributing assets to the appropriate “interested person(s)” according to the decedent’s will or the intestacy laws (without a will).

Trust administration is the process of managing and distributing assets that are titled in the name of a trust after the last person or persons who created the trust die. The trustee (or successor trustee) follows the terms of the trust document, gathers and protects the trust assets, pays proper expenses and debts, keeps reasonable records, and then distributes the remaining assets to the trust beneficiaries as the trust requires, usually without ongoing Court supervision.

Trusts

There are several different types of trusts, but the most common is the living revocable trust. This trust is created during your lifetime, and you usually name yourself as the initial trustee. This means you have the authority to handle the trust assets just like you would if the assets were in your name only. The trust document spells out the distribution provisions to the beneficiaries in the same way as a will does. Each trust is a separate entity which you must properly fund. You name a successor trustee to handle your trust at your death or should you become incapacitated during your lifetime. You may amend the revocable trust at any time during your lifetime so long as you are competent. All assets that pass under the trust avoid probate.

Wills

A will is a legal document which specifies the beneficiaries who you want to receive your assets after your death. The person you name to administer your estate is called the Personal Representative. This is someone you trust to handle everything properly according to the law.

Medicaid Planning

Care in a skilled nursing facility (long-term care facility) has become very expensive and Medicaid planning is an umbrella term for the tools used in advance to become eligible to receive Medicaid benefits, if, and when, the time comes that you need to be placed in a skilled nursing facility. The strategy is to help you qualify for needed care in a skilled nursing facility while preserving as many of your assets as possible.

Guardianships

There may be situations where you will need to go to Court to have a legal guardian appointed. The guardian would be appointed to act on behalf of the incapacitated person and their property, if needed. If there is a developmentally disabled person involved, then a guardian advocate would be appointed. In most situations a guardianship can be avoided with advanced planning with properly executed and up-to-date lifetime living documents (e.g. Power of Attorney, Health Care Surrogate Designation, and Living Will (Declaration)).

Power of Attorneys

A power of attorney is a legal document in which you (the “Principal”) authorize another individual (the “agent”) to act on your behalf. The power of attorney can be very broad or limited in scope as to the authority granted in the document. The designated agent must be someone you trust to always act in your best interest and is held to a high fiduciary standard.

Health Care Surrogates

The health care surrogate is the person you name to have authority to make health care decisions and obtain medical records on your behalf.

Living Will

A living will specifically states your desires as to providing or withholding or withdrawing life prolonging procedures if you have a terminal condition, end stage condition, or are in a vegetative state.

Real Estate

We prepare and review residential sales and purchase contracts, handle real estate closings and issue title insurance policies, and prepare deeds and other related documents.

Our Legal Services Provided

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