PROBATE

In our probate practice, we help Executors and Administrators with the following issues:

• Ensuring the filing of the Will (if one exists) with the proper local probate court
• Preparing the estate-opening court documentation, including petitions to open the estate, affidavits of heirship, oaths/bonds, notices, and the draft court orders
• Obtaining a surety bond for the representative of the estate, if one is necessary
• Representing the Executor or Administrator in court to open the estate
• Properly notifying the heirs, legatees, and creditors to the estate at the appropriate times during the estate administration
• Assisting the Executor or Administrator with the preparation and filing of an estate inventory
• Advising the Executor or Administrator with regard to the following estate administration issues:
• Collecting estate assets
• Paying the final estate debts, including the priority of claims against an estate
• Resolving any contested issues related to the estate
• The determination of child’s and spouse’s awards
• The charging of an Executor’s or Administrator’s Fee
• Calculating and finalizing distributions to the beneficiaries of the estate, including complicated distributions to minors
• Interpretation and guidance regarding the various terms and provisions in a Will
• Assisting the Executor or Administrator in the proper re-titling of estate assets, including real estate, bank accounts, life insurance, stock accounts, vehicles, etc.
• Helping the Executor or Administrator to defend claims against the estate, particularly with insolvent estates
• Preparing a final court-formatted accounting for the Executor or Administrator regarding his/her actions in handling the estate administration
• Preparing all estate-closing court documentation, obtaining receipts from all heirs/legatees, and representing the Executor or Administrator in court to close the estate
• Representing the Executor or Administrator in reopening a probate estate, if necessary
• Representing the Executor or Administrator in estates with ancillary probate proceedings, meaning multiple estates in various states, or even countries
• Representing the named Executor in a Will, or the person who would otherwise serve as the Administrator in an Estate with no Will, in handling a Small Estate Affidavit matter out-of-court.
  

GUARDIANSHIP

In our guardianship practice, we help Guardians with the following issues:

• Preparing the guardianship estate-opening court documentation, including petitions to open the guardianship estate, summons forms, physician’s reports, oaths/bonds, notices, consents, and the draft court orders
• Obtaining a surety bond for the Guardian of an Estate, if necessary
• Properly notifying interested parties to the guardianship regarding the court proceedings
• Representing the Guardian in court to open the guardianship estate, and to obtain an adjudication of incompetency in a disabled person’s guardianship
• Assisting the Guardian with the preparation and filing of an estate inventory, if necessary
• Advising the Guardian with regard to the following guardianship administration issues:
• Collecting estate assets and paying debts in a guardianship with an estate
• The charging of a Guardian’s Fee
• Resolving any contested issues related to the Guardianship
• Visitation issues related to a disabled person or Minor
• Health care and personal issues with a disabled person or Minor, including medical, housing, educational and social issues
• The ongoing care and management of assets in a guardianship with an estate
• Assisting the Guardian in the proper retitling (and liquidation, if necessary) of estate assets, including real estate, bank accounts, life insurance, stock accounts, vehicles, etc. 
• Preparing ongoing (usually annual) court-formatted guardianship accountings for the Guardian regarding his/her actions in managing a guardianship with an estate
• Assisting the Guardian in the preparation and filing of the Annual Report for the guardianship
• Assisting the Guardian in a Minor guardianship with properly setting up a court-restricted guardianship account, with the filing of a voucher regarding same with the court