If you have an estate, trust, or guardianship legal matter, an estate and probate attorney can help. Estate and probate attorneys have the expertise and knowledge to help you with:
Areas covered by an estate plan include your personal health care decisions, protecting your assets from long-term skilled nursing care costs, leaving instructions for the benefit of minor children, managing complex financial assets, and tax planning for future generations. Common estate planning services include Trusts, Wills, and Power of Attorney.
After a will is probated, the administration or closing of the deceased’s estate occurs. We can assist with the probate process which includes ensuring the deceased person’s creditors are paid through estate settlement and that any remaining assets go to the deceased’s beneficiaries. Common probate and estate administration services include executor appointment, letters of administration, estate tax return preparation, and intestate succession (when someone dies without a will.)
The federal and state laws governing Medicaid eligibility and Medicaid benefits continue to change and are more complex than what most people expect. There are significant planning opportunities that can be easily missed if you do not have the proper knowledge. We help clients navigate this process and provide legal guidance on Medicaid asset protection and transfers, income rules, and eligibility.
Without a plan that covers incapacity, a court may appoint somebody to oversee your personal and financial needs. Planning can allow you to choose who will help you, provide them with guidance and impose limits or grant more than what a court might allow. Common incapacity services include durable power of attorney, healthcare proxy, and living will.
Legal disputes sometimes arise from a matter involving a trust, a decedent’s estate, or an alleged incapacitated person. We can provide exceptional representation for executors and beneficiaries involved in these disputes. Common disputes include estate claims, contesting a will, spousal right of election and contested accountings.
Whether you need emergency guardianship of an elderly parent or legal guardianship of an adult with a disability, we can recommend guardianship alternatives, explain the duties of the guardian, and help clients determine what type of guardianship is most appropriate for their situation. Common types of guardianship include guardianship of a child under 18 years of age, not married, and not in the military (Article 17), guardianship of a person who is over 18 and is intellectually or developmentally disabled (Article 17 – A), and guardianship of an incapacitated person who is unable to care for themselves or manage their property and finances (Article 81.)
Schedule a confidential consultation to discuss your situation with us and learn how our expertise could help you or your loved one. Please send an email to firstname.lastname@example.org or call us at 518 – 377 – 9096 to schedule an in-person, phone, or video appointment.