Estate Planning & Probate

A small estate is a collection of personal property worth less than a certain threshold amount and no real property, meaning a simpler probate process. Informal probate means the probate court will be less involved in the process. Formal probate becomes necessary with more complex estates or if there is probate litigation involved, such as someone contesting the will. Our office does not handle litigated probate matters.

There are two types of Power of Attorney: medical and financial. In either case, it refers to a person chosen to make decisions, whether medical or financial, if you cannot do so yourself while you are still alive. In the case of a financial Power of Attorney, they will be responsible for managing your finances, paying bills, and accepting payments on your behalf.

In the event that you become incapacitated, it is beneficial to have an Advanced Medical Directive or Living Will. This set of legal documents states your wishes as to whether any medical treatments or procedures should be accepted, rejected, or withdrawn.

The personal representative in your will is the appointed representative of your estate after your death. They will file your will with the court, create an inventory of and distribute the estate, and pay estate expenses and debts.

A will acts as your instructions for how your assets in your estate should be distributed. It allows you to list personal property and determine who should take possession of it, as well as assign a personal representative to help carry out those terms.

A trust allows you to assign specific purposes to property and assets, as well as conditions for the distribution of those assets that are in the trust. For example, if you leave behind minors, you may want to make certain assets or property available to them only once they reach a certain age.

An estate plan ensures your family members are taken care of and assets are handled properly in the event of your death. This includes assigning the care of children or dependents who are minors, as well as determining where your assets will go. A will and trust will help ensure your home, car, investments, and property will be handled according to your preferences, as well as protecting those assets from significant taxation.