When a person dies, unless all of their assets are jointly owned with others, or able to pass by beneficiary designation, administration of the person's estate is necessary.

If a person dies without a living trust in such a case, that person's assets will pass through probate. The probate will be determined by the terms of the person's will, or if none, by the laws of the state where the person resided if that person did not have a will (dying intestate). In our practice, we encourage our clients to plan to plan to avoid probate through proper estate planning. Therefore, when most of our clients die, no probate is necessary.

Generally speaking, a trust administration process after death is much less costly to the family, and is settled in a shorter period than probate proceedings of a similar estate.

When people die, unless all of their assets pass by beneficiary designation or joint ownership, a probate or a trust settlement process will be necessary. Our attorneys are experienced in guiding your family through this process.

If you or someone in your family were to become disabled or incapacitated, unless you or your loved one had previously executed a durable power of attorney or power of attorney for health care, court proceedings might be necessary. We refer to this as the hidden trap of living probate. These proceedings take the form of guardianships and conservatorships. We can help you care for a family member who has become ill and is unable to provide for his or her own needs.

To schedule an appointment please call us at 877-642-5535 or contact us online and we will send you a response.