Probate Law & Wills

Probate is the process by which a deceased persons will is formally recognized as valid by the applicable Probate Court. Probate Courts advise people to retain the services of a good probate lawyer.

Generally, the person named as the Executor or Administrator of the persons estate takes the original will, along with a petition to probate will in solemn or common form, to the Probate Court. of the county in which the deceased person resides. The Executor or Administrator will provide information about the heirs and evidence to prove the validity of the will of the deceased person. If there is no objection, the Probate Court will generally appoint the Executor and issue Letters Testamentary or appoint an Administrator and issue Letters of Administration.

Once the Letters Testamentary or Letters of Administration have been issued, the Executor or Administrator (sometimes referred to generally as a Personal Representative) begins the process of administering the estate.

A list of Probate Court related services can be found below:

  • Wills: Everyone needs a will, or at the very least an understanding of the implications of not having a will. We will provide a free initial consultation, and help you understand the law to make sure your estate is handled correctly. We can draft a will or codicil to meet the needs of you and your family. We can also prepare a living will or advanced directive.
  • Estate Administration: The loss of a loved one is a difficult and traumatic time. We provide compassionate representation, whether the deceased left a will or died intestate (without a will). Heirs' property and estate administration can be complicated matters. Let us guide you, as the Administrator or Executor, through the process so you can focus on your family in a time of grief and hardship.
  • Objections and Caveats: Estate litigation is an option if you are unhappy with the way an estate is being managed, probated or administerd. We can challenge the will or the estate by filing an objection or caveat on your behalf.
  • Family Property or Heirs Property: Heirs' property can be a complicated matter. Let us help you understand the process and provide you with quick results.
  • Guardians and Conservators: Guardianship and Conservatorship can apply to a child or an adult ward. Let us advise you and help you determine which course of action is best. In a Guardianship, the individual named as guardian is legally responsible for the health care, housing and other daily necessities of the incapacitated person. In a Conservatorship, the court appoints a person as Conservator to oversee the assets and finances of a person the court determines is legally incapacitated. A single person can be both the Guardian and Conservator.
  • Power of Attorney: We can prepare a general power of attorney, a durable power of attorney or aspecific power of attorney. These can be used for a variety of matters affecting you and your loved ones. Allow us to help you decide which is best for your situation.