Probate

A trust is a legal entity under which one person holds legal title to property for the benefit of others.  Trusts are often used for tax planning, to provide for someone with expertise to manage assets, or to shelter assets to protect them from creditors or long-term care planning.  There are several types of trusts. Read More

If someone becomes incapacitated and does not have a Power of Attorney, he/she may need to become a protected person. In such an instance, the Court appoints someone to take care of the protected person’s affairs.  Both a Guardianship and a Conservatorship can be full, limited, temporary or joint.  The Guardian or Conservator may be a family member, another interested individual or a State Agency such as DHHS. 

The key distinction between a Guardian and Conservator is this: the Guardian is responsible for the physical care and well-being of the protected person and the Conservator is in charge of managing the financial assets and property of the protected person. The powers available to the Guardian/Conservator are generally at the discretion of the Court which may grant full or limited powers.  Likewise, the duration of the powers may be temporary only and vested in more than one person. Joint Guardians are responsible for working together to make decisions on behalf of the protected person. Read More

This is the name for the process in the Probate Court through which the ownership of your assets passes to your heirs. It includes the collection of your assets, the payment of your bills, and the distribution of your estate. It only covers what you own outright, not joint property, trust property, life insurance proceeds, or any assets that have beneficiaries or payable-on-death terms. We are here to help guide and assist you through the probate process.  Schedule an appointment today with an attorney from our team.

Whenever there is a dispute after a person dies as to what their intentions were when they created their Will (or if they did not have a Will), that dispute becomes a contested or probate litigation matter. Read More