Guardianship may be involved in the probate of an estate; e.g. there is no will, mother dies, and she was the caretaker for a child with limitations. He is now an adult, and may require limited guardianship, and a resulting trust concerning his assets.
Probate matters are oftentimes more complicated than expected. Emotions often run high. It’s important to have the will or trust in place, with powers of attorney and health care proxies done. Being prepared is the best way to protect your loved ones when they will need it the most.
We’re finding more and more cases where instruments, be it wills or trusts, are being drafted in such a way that the real intent of the person is not reflected. Also, assumptions by siblings that “everybody knows” how things will go, fly out the window once one relative finds out that maybe there was more money to be had than they’d thought.
You MUST draft instruments CAREFULLY, so that there is no question as to how things should proceed, and who gets what, when, etc.
Just recently a will was shown to us that, if read strictly, would mean 6 out of 8 children might get nothing- NEVER the intention of the mother. Trusts are being drafted that list ½ of property being in it; but deeds filed contradict it.
This area of probate REQUIRES expertise, precision, and understanding.
Don’t wait until it’s too late! Your inheritance may be at stake, or that of your children. Make sure to call, get a free consultation, and get your questions answered.
We can’t stress enough that you plan in advance for probate matters, and GET SOMEONE WHO KNOWS!
Today we talked to a court clerk about filing forms for fiduciaries to be appointed, and they DIDN’T KNOW.
That is the COURT, who deal with this stuff DAILY.
Everyone knows someone old enough to start probating, or a family with a probate issue after a relative is deceased. We need you to get the word out that probate can be like fighting the forces of darkness, unless you use the right counsel. Someone who is not in it to rip you off. Someone who keeps up on the subject.
Pass this on to your Facebook friends, or anyone it might help!
It is clearer to THE OFFICE than ever before, that you MUST make sure the instruments your attorney is drafting say what you want them to say – CLEARLY. This month we’ve seen wills using language that does not provide properly for the testator’s requests to be honored. There seems to be no trust THE OFFICE has reviewed that isn’t extremely deficient in laying out with specifics the true intent of the grantor. Oftentimes we’ve seen instruments that have clauses or sections which greedy relatives can use as a way around the testator’s intent, and cutting of people’s interests that never was contemplated by the person looking for the will, trust, power of appointment, etc.
If you have documents that you are uncertain about- CALL FOR A FREE CONSULTATION.