Probating an Estate (Estate Administration) 

§         The passing or untimely death of a loved one is a heartbreaking and difficult time for everyone involved.  Unfortunately, during that time, many steps need to be taken in connection with the deceased’s estate.  He or she may have left behind real estate or personal belongings.  And whether those things are of little or of high value, they need to be accounted for and passed along to the appropriate person.  Perhaps he or she left a will, or maybe not.  What if you can’t find the original and only have a copy?  Do you need to file the will with the court or can you pass the property along yourself?

§         There are several legal steps that must be taken by certain dates, including the filing of various documents with the court and making sure the appropriate person holds your loved one’s belongings until the time to pass them on to the rightful person.

§         During this difficult time, a lawyer can help you navigate your way through a complex court system and alleviate many of the burdens placed upon you.  A lawyer will help you identify what items you should look for, prepare the necessary legal documents for filing with the court, and help you file the Final Account to close the estate at the appropriate time.

§         Without the aid of an attorney, you may find yourself lost and without knowledge of what you should be or are required to be doing, an unnecessary burden during an already complicated and difficult time in your life.

Preparing a Will  

§         Three reasons you must have a will:

1.      Unfortunately, you will not live forever.

2.      Without a will, the courts will decide not only where your belongings will go, but also where your children will go.

3.      Your loved ones will thank you for having it.

§         Everyone should have one, and you are no exception.  No one likes to think of, let alone prepare for, their death.  We’d all like to believe we will be here forever.  But, we also all know that is too good to be true.  The next best thing we can do is plan for our inevitable passing.

§         Without your direction of where or who you’d like your personal effects to go to, you leave the courts in charge of deciding their fate.  And, what about your children?  Would you want someone else to decide who is the best person to care for your children?

§         Without a will, your loved ones will be left with sorting out who should have gotten what, who was told they were going to get this or that, what each thinks they should have gotten.  They may wind up in a bitter battle sorting out your personal effects, each having sentimental attachments to various items, with no direction as to how to divvy things up.  Preparing a will can help limit or even prevent the hard feelings that often may result absent your direction.

§         If you do write a will but haven’t hired a competent lawyer to help you prepare it, it could be deemed invalid by the courts for lack of following the correct procedures, or perhaps only parts will fail, and important directions you have left will be tossed aside, with your personal effects going places you certainly didn’t intend.

§         As much as we’d all like to pretend we don’t need a will or that we can continue to put it off, the fact is that someday we will not be here.  Deciding how your belongings will be passed on gives you some control over the one thing none of us have control over.

§         Don’t place the courts in charge, nor place the burden on your loved ones, to decide what you could have decided for yourself.  Please don’t think it can wait until tomorrow, because tomorrow may never come. 

Real Estate Purchase  

§         Purchasing a home is the largest purchase most of us will ever make.  It is important to have someone knowledgeable guide you through this life changing event.

§         Without the help of a lawyer, you could be taken advantage of by a buyer, a seller, or even a mortgage company.

§         Especially in today’s housing market, buyers in particular must be cautious of entering into a mortgage they don’t understand or can’t possibly afford.  Without the help of an attorney in deciphering this confusing language, you may be taken advantage of.

Estate Planning

§         Estate planning is a very important aspect of our lives that many of us overlook.  Whether you’re goal is to pass on a legacy to your loved ones, or whether it’s to protect you from financial hardship later on in life, you need to have an estate plan in place.

Wills

§         A will allows you to decide who your property will pass to.  By having a properly written and executed will in place, you can direct how your hard earned belongings will be treated.

Health Care Proxy

§         Never does someone expect to be incapacitated or incapable of determining how their healthcare will be handled.  Having a healthcare proxy allows you to choose the person you feel most suited to determine how you will be cared for if, or when, you can’t decide for yourself.

Durable Power of Attorney

§         A durable power of attorney allows you to decide who will conduct your financial affairs in the event you are unable to.  It allows the person of your choosing to ensure your bills will be paid and your money will be managed, something extremely important for those of you with families.

Trusts

§         Perhaps you would like to leave property or money to someone, but don’t want to do so outright.  Or, perhaps you just want to put some boundaries in place over how such money will be spent.  A trust can allow you to give as you wish but with the reassurance of having rules in place.

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