Wills, Trusts & Probate

While many people view wills and trusts only as instruments to be used to pass wealth after death, they can also be used to protect assets from creditors, protect children from spending their inheritance prematurely, and in many other financially protective or planning ways. Any person who does not want the state to decide how their assets will be divided needs to have some form of will or trust. It is important to think not only about how you want to protect your assets, but also how you want to pass them on after you are gone.

Every state has its own laws, known as intestacy laws, that dictate how property is to pass upon a person's death if they did not have a will. Those laws may differ dramatically from how the decedent would have passed their property. No exceptions are made based on need or special circumstances if no will exists, even if the decedent's desires were known at the time of his or her death.

In most cases, it is better to have a third party probate and administer an estate to avoid family conflicts, and avoid the appearance of favoritism. A trusted attorney can assist you with probating and administering an estate.

Additionally, an attorney can help you decide whether a will, trust or some combination would be best for your situation. Please feel free to contact my office to discuss how I can assist you with your estate planning needs.