Wills

Wills are an essential part of estate planning.

Under the law, no one is required to have a will. However, dying with a will generally makes administration of an estate (the property left by a deceased persons) much easier for the survivors.

This law firm helps clients plan their estates and provide personal attention to plan for the final disposition of their assets.

While we encourage clients to seek independent tax advice, we will work with the client’s chosen tax professional and investment advisor to keep up-to-date with the latest changes, particularly in light of the recent economic problems. Still, an estate should not be planned solely based on tax liability. Personal possessions and other assets have sentimental meaning and we recognize that having a lawyer who will work to meet the client’s objectives is most important.

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Power of Attorney

Powers of Attorneys are used when a person is not capable or present to carry out his or her personal business.

Through the Power of Attorney, a person appoints another to act on their behalf. Powers of Attorney usually terminate upon a person’s death. But they can be made “durable” to last after a person is deceased.

Powers of Attorney can be useful when a person truly cannot be present for a particular transaction, such as a real estate transaction. These Powers of Attorney are known as “limited powers” or “special powers” of attorney” because the one acting on the others behalf has the authority to only conduct a specific transaction or specific type of transaction for another.

Please click here.to request a consultation with an attorney about Powers of Attorney.

Advanced Medical Directives

Advanced Medical Directives is another type of power of attorney. It accomplishes two goals: 1) directs medical personal about the level of health care a person wants if they are not capable (physically or mentally) to do so for themselves; and 2) appoints another person (much like a Power of Attorney) to ensure that the person’s directions are carried out and to make medical decisions on behalf of that person.

Most people chose to have both a Power of Attorney and an Advanced Medical Directive to ensure that if they cannot handle their day-to-day affairs and make important medical decisions that someone who they trust is carrying out their wishes

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Probate (Estate Administration)

Individuals appointed in a will to oversee the administration of a deceased person's estate are known as "Executors".

Individuals appointed by the court to oversee the administration of deceased person's estate who died without having a will are known as "Administrators".

In both cases, Executors and Administrators have a serious fiduciary duty to ensure that the beneficiaries, heirs, and creditors of an estate are notified; that all the assets in the estates are inventoried; that all debts are paid; and that all estate property is properly distributed. There are also inventory reports, accountings, and probate taxes that are required to be filed with the Commission of Accounts.

Each estate is different in size and character. The problems and concerns that Executors and Administrators encounter will vary accordingly. We work closely with Executors and Administrators providing the level of legal counsel necessary to properly administer the estate. Larger estates can be the most problematic because of the high value of assets or number of beneficiaries or heirs, but not necessarily. Even with small estates, Executors and Administrators must deal with creditors of the estate, paying the medical bills from the decedent's last illness, selling the decedent's last residence, settling lease agreements, distributing funds from insurance policies, and filing the decedent's final tax return.

Please click here.to request a consultation with an attorney about a Probate or Estate Matter.