Wills & Probate Law
Wills and probate law is a branch of civil law concerning the transfer of a decedent’s property, real or personal, as directed by the decedent’s will.
The will services that an attorney offers may include the preparation of:
- all documents relating to wills, living trusts, estate plans and specialized trusts.
- wills for single persons or married couples to protect and shelter family assets and secure inheritances from estate taxes and other potential losses.
- inter-vivo trusts or testamentary trusts to protect family assets or provide for the care of children or others needing special care.
- general or limited powers of attorney.
- healthcare powers of attorney.
- community and separate property agreements for married persons.
- complete estate plans designed to avoid probate and minimize estate taxes for the benefit of spouses, children, or favorite charities.
Where there is a will, there can be a probate. Probate is the court-supervised process by which a decedent’s property or estate is distributed to heirs or beneficiaries according to a will after the payment of taxes, creditors, or other required expenses. The probate services of an attorney may include:
- assisting personal representatives or executors in the diligent administration of a probate estate.
- preparing accounting, legal and various other documents relevant for justifying ownership and making all court appearances for the probate estate or personal representative.
- managing, selling, and transferring the real estate of the deceased.
- managing, selling, and transferring the businesses assets of the deceased.
- proving the validity the will.
- handling disagreements on burial plots.
- handling issues or disputes regarding inheritance.
- handling lawsuits against the deceased’s estate.
- handling "frozen" bank accounts and other investments owned by the deceased.
- handling any other concerns or difficulties relating to the probate process.