Probate of Estates, Guardianships, and Conservatorships

Probate is the process of settling the affairs of a deceased person utilizing the court process. The probate process can at times be intensely emotional, and it is not uncommon for families to struggle greatly as they grieve the loss of a family member while also trying to negotiate with each other to settle the estate. We help our clients through this process, while encouraging all clients to get their own affairs in order to reduce the possibility of conflict upon incapacitation or death.  We also work with families to obtain Guardianships and/or Conservatorships of incapacitated adults.  We frequently work with clients regarding the following issues:

  • Probating a Will
  • Will contests when there are questions of capacity, undue influence, unintentional disinheritance, or language that is unclear
  • Obtaining guardianships and/or conservators for incapacitated adults
  • Rogers monitoring
  • Distribution of personal property, valuation of assets
  • Trust administration, termination of trust
  • Preparing probate accounts and yearly reports
  • Removal of trustees or executors due to breaches of obligations or inability to serve
  • Obtaining court approval for extraordinary treatment (medical procedures, surgeries, feeding tubes, etc.)
  • Drafting and utilizing alternatives that do not involve the court process, such as Power of Attorney and Health Care Proxies
  • Special Needs Trusts (sometimes called Supplemental Needs Trusts)
  • Coaching clients to prepare adequate “owner’s manuals” to be provided to guardians of dependent children upon death of a parent
  • Assistance with obtaining evaluations and medical certificates
  • Assistance with obtaining independent trustees, independent guardians, and independent monitors

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