If you don't know the difference between "probate law" and "probation," then you're in the right place. This page answers some frequently asked questions about probate law and estate planning. It's not intended to answer every possible question. You can contact us for more specific help.
What is Probate?
Probate is a court supervised legal procedure, which is court supervised, to determine whether a Will is valid or invalid. The Probate Courts cover every aspect of a person’s life. Obtaining a marriage or firearm license, issues involving mental health and substance abuse, obtaining certificates of residence for alcohol sales licenses and college applications, and guardianship of minors and incapacitated adults are all under the jurisdiction of the Probate Courts.
What is a Will and do I need one?
A Will is a document by which a person makes a disposition of his/her property. A Will only comes into effect only upon a person’s death. Many of us spend all our lives working to save, invest, and create wealth. We have homes, cars, and other assets to make our life and our family lives comfortable. Yet many of us do not create a plan for the disposition of our assets upon our death. Without a Will the fruits of your labor may not go to the loved ones you care about; instead your assets my go to the State?
What is “Year Support”?
The Probate Court can set aside property and assets for the family’s support and maintenance for one year from the date of the decedent’s death. The family is entitled to an allowance from the decedent’s estate. This can help a family with needed funds before distribution is made to creditors or other persons. Only the surviving spouse or minor children or both of the decedent can file for Year’s Support.
What is a Trust?
A Trust is a right to hold, manage or otherwise administer property by one party for the benefit of another. There are many types of trusts such as a Spendthrift Trusts, Revocable Living Trusts, and Pour-Over Trusts.
When is the appointment of a guardian and conservator necessary?
If a person lacks sufficient capacity to make or communicate significant responsible decisions concerning his/her health or safety or concerning the management of his/her property and assets, then there may be a need to have the Probate Court appoint a guardian and/or conservator for this individual. The guardian makes decisions relating to medical treatment, types of care, or place of residence. The conservator also makes decisions relating to the management of assets, property, and funds.
What is a Health Care Directive (Power of Attorney for Health Care)?
A document created to give the person you select (an agent) authority to make important medical and health decisions on your behalf in the event you are incapable of making any decisions about you medical procedures, treatment, or care.
