There are times a resulting trust, or a guardianship, limited or otherwise, is a necessary ancillary procedure for the probate of an estate.
This would be because one of the heirs is handicapped, mentally or physically disabled, or otherwise unable to either assent to proceedings, or manage his or her share of estate proceeds.
This post may seem similar to an earlier one, but the point(s) made can’t be stressed enough in the light of what THE OFFICE is seeing out there. There is little doubt that Chief Justice Warren Burger, who, in 1976, said 80% of all attorneys are incompetent, unethical or both, was on to something.
After 37+ years dealing with a variety of specialties, and now concentrating on probate- there is MORE incompetence shown by the attorneys in this area than any other THE OFFICE has seen.
Trusts are nothing but run on sentences. Whole paragraphs are so convoluted that they don’t make any sense. Sections are created that give a conniving relative the opportunity to thwart entirely the intent of a testator. And on, and on.
PLEASE, if you are 50 or over, contact us for a free consultation. You’re parents assets may be at stake, or your own, in time. There are too many mistakes and incompetent things being done by those attorneys whose work we have to review.
Don’t let your grandparents, parents, or your own estate end up a cluster*$#!
One of the biggest problems with the probating of any estate is ill-will amongst the family members. We have seen where siblings step in, take the ailing parent in, and proceed to convince the parent to execute a power of attorney, leading to their bank accounts being emptied.
We have seen certain siblings refusing to contribute for expenses for siblings who need a guardianship.
The antidote which THE OFFICE oftentimes suggests is making sure an impartial individual steps in as personal representative. There is one case where the defendant wanted someone from THE OFFICE staff to be executor of her will, because she foresaw family squabbles. Remember- it is always best to plan ahead.
There isn’t enough space on a host of pages to notify people of the differences in probate administration since the advent of
the Uniform Probate Code.
Our staff cut their teeth on it, getting into probate just when the changes were being made, courses offered, teaching lessons scheduled.
The difference before the UPC
and after is as different as a silent movie to a talking picture. THE OFFICE knows the hours spent understanding these changes are worthwhile, and YOU the client will reap the benefits.