Trusts

A Trust is a legal contractual arrangement regarding how property and assets are to be managed and distributed. Trusts can be created to exist now or in the future. There are many different types of Trusts, with the terms of each Trust being specific to your circumstances. Trusts can be created for reasons such as, but not limited to, probate avoidance, incapacity planning, minimizing taxes and qualification for certain government benefits. The process of administering a Trust after an individual dies, becomes incapacitated or becomes disabled will vary depending on the specific terms of the Trust and the circumstances that exist at that time. 

Probate

When an individual dies owning legal title to an asset in his or her individual name without a beneficiary designation, the need for probate arises to clear title to those assets and transfer them to the proper persons. Probate is the orderly Court administration of an individual’s estate assets after their death, involving payment of final expenses and the transfer of assets to beneficiaries. 

When an individual dies leaving a Last Will and Testament, the Will provides directions for the probate.  When an individual dies without leaving a valid Last Will and Testament, the default laws of intestacy govern the probate and instruct how the probate is to be administered. When a loved one passes away, there may be many questions regarding what needs to be done. You will want not only a competent attorney to assist you, but also an attorney who understands the delicate nature of administering the estate of a loved one. We can help guide you through the entire process.  We provide assistance in matters such as: 

• Formal Probate Administrations

• Ancillary Probate Administrations 

• Summary Probate Administrations 

• Beneficiary Representations

• Elective Share Claims

• Homestead Issues