When a loved one passes away,
we understand that it is a difficult transition and situation that you
family members need to go through. We are here to provide legal
assistance, information and to answer any questions you may have. It is
important to contact us without
delay as there are important deadlines to take into consideration with
or without a last will.
Probate: Probate is
about the orderly distribution of the estate of the decedent. We will
work with you from filing the will with the District Court to securing
final order. The personal representative
or executor will be responsible for many tasks, including collecting the
of the estate, paying bills and taxes, securing the residence and real
of the estate, arranging the probate of the will with the District
other related matters.
We will handle the legal
matters of preparing and filing the necessary pleadings and documents
District Court, sending out required notices, preparing estate inventory
and settlement agreement, obtaining consent and waivers, handling
all expenses and debts of the estate, obtaining the appraisals, working
your accountant in doing the income taxes and estate tax return and
other matters as needed.
In some probate
situations, there may be difficulty with a certain family member or heir
agreeing; a challenge to the will; unexplained debt situation or
obligation; or unexpected problem with division of the estate assets.
will strive to work with you to resolve these matters during this
transition time. In some situations, we will attempt to use family
settlement agreement as a mean of equitable distribution of the estate
Some heirs may need to
retain another probate attorney if they feel that their rights are
the equitable distribution of the estate assets.
Estate Planning: In
addition to drafting simple and complex wills, we believe estate
planning is an
essential tool. Among the services we offer are: discussing the mean of
avoiding probate through trust, joint tenancy, and other estate planning
tools; searching for ways to minimize estate taxes (see warning notice
below); ensure the continuity of a family business; establishing an
trust; and establishing a revocable living trust.
This is an important area for those senior citizens who may need to
assisted living centers or nursing home in the near future. Medicaid
pay for the high monthly costs of these facilities only if the senior
meets certain asset requirements (which is very low). For some senior
citizens, it may take 5 years of planning to ensure that the senior
does qualify for Medicaid. It is important to meet with us as soon
as possible to discuss the option of Medicaid Planning.
NOTICE: Unless Congress manages to pass an amendment to the Internal
Revenue Code, beginning in 2011, the Federal estate tax exemption will
back to $1,000,000 and estate tax can easily reach 55% of all amounts of
estate valuation exceeding $1,000,000. If you have assets totaling more
than $1,000,000, it is time for you to contact an attorney in estate
to minimize the impact of the estate tax reversion beginning in 2011.
web site is designed for general information only. The information presented at
this site should not be construed to be formal legal advice nor the formation
of a lawyer/client relationship.