Probate
Planning:
After you’re gone, the last thing you want is for your family to be embroiled in a complex property dispute. We can help you make critical decisions related to your estate now, so that you can streamline the administration process for your loved ones.
Estate Administration is the process of wrapping up all of the details regarding your assets and liabilities after you die. This process can be relatively simple, or it can be complicated, time-consuming, and expensive. At Robert M. Goldberg & Associates, we have the experience and compassion you need and deserve.
Make the estate and trust administration process as efficient and stress-free as possible.
We will work closely with executors, personal representatives, trustees, and other fiduciaries through the court-involved probate process or trust administration — from start to finish — to ensure your wishes are carried out. And if you have been appointed as a successor trustee, we can help you understand and mitigate the risk of personal liability you’ve undertaken by accepting to act as trustee.
Estate & Trust
Administration
Probate can be a complex process, but Robert M. Goldberg & Associates makes it easy. The process of estate or trust administration involves dividing your estate following your death according to the terms outlined in your will or living trust.
When to Consider Conservatorships & Guardianships:
If a person lacks the legal capacity to make and communicate decisions regarding the management of their finances or health and well-being, a Probate Court may appoint a Conservator or a Guardian to take over those responsibilities.
A “conservatorship” is used when a person (a Proposed Ward) has lost sufficient capacity to make and communicate significant responsible decisions regarding the management of their finances.
A “guardianship” is appropriate when a person (a Proposed Ward) does not have the legal capacity to make and communicate significant responsible decisions regarding their health and well-being.
Anyone can service as a Guardian and/or Conservator with the exceptions of minors and persons who have a conflict of interest with the Proposed Ward. There is an order of preference the court lists when appointing a Guardian or Conservator. A person chosen by the Proposed Ward has first preference. Thereafter, the preferences are the spouse, an adult child, and then the parent.
To get a Conservator or Guardian appointed, you must petition the Probate Court in the county where the Proposed Ward lives. The Probate Court judge will review the petition and accept or dismiss it.
You don’t need an attorney to file for a Conservatorship or Guardianship, however these are legal proceedings requiring a hearing where evidence will be presented, and testimony taken. The Proposed Ward will have an attorney appointed to represent them. If you are not represented by an attorney, you will be expected to present the evidence in the appropriate manner.
