Divorce and Family Law
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Probate - Wills - Conservator
A probate is not typically that complicated or expensive. I usually quote flat fees for these procedures. In many cases, a probate can be done on an “informal probate” process in which a “personal representative” is appointed informally and fully administers the estate with little or no Court involvement.
A probate of a decedent’s assets is only required when a loved one dies who has assets owned wholly or partially in their name and which do not pass automatically on death. If a person has assets that are in a form that pass automatically at death, they are non probate assets which do not require probate.
Everyone should consider whether they have a need for a Will, a Power of Attorney and even a Health Care Directive. Even if you are not married and have no children, you may want to direct where your assets are distributed. It is important to note that a Will does not avoid the need for probate. In fact, Wills only act on probate assets.
A conservatorship or a guardianship may be necessary if a child, elderly parent or other adult cannot make their own decisions and needs assistance. Usually if such a procedure is necessary, the conservatorship is utilized. That is because, unlike guardianship, the person does not lose his or her legal rights. If a convervator is necessary, the Court will appoint a person or company to handle the person’s affairs who is often a family member. These are difficult situations so, if you have questions, call for a free telephone consultation at