Wills, Trusts & Probate

At Carrington Law, P.C., we assist clients with a wide variety of estate planning and probate matters.  Our goal is to create a comprehensive plan that meets your needs and distributes your estate according to your wishes. 

Wills, Living Trusts & Estate Planning

A will is a document that allows you to specify how your assets will be divided and distributed upon your death, who will manage your estate and, if you have minor children, who will serve as guardian for your children.  Wills generally do not avoid probate administration, which is discussed below.

A revocable living trust is a document created during your lifetime to direct the management and administration of the assets held in the trust.  A properly created and funded living trust allows you to avoid probate, and the expense, time delay and lack of privacy often associated with the probate process.

Other Estate Planning Documents

In addition to a will, several other documents are important for creating a comprehensive estate plan.  Some of these documents include:

• General Durable Financial Power of Attorney: This allows you to designate who you would like to manage your financial affairs should you become incapacitated.   
• Durable Health Care Power of Attorney: This allows you to appoint someone to make decisions regarding your health care should you become incapacitated.   
• Health Care Directive or Living Will: This allows you to designate whether you want to receive life-sustaining treatment or not should you become terminally ill.   

Probate Administration and Litigation

Probate is the judicial process by which a person's will is validated, the remaining taxes and debts are paid, and the remainder of the person's assets are distributed according to the will.  If the person died intestate, or without a will, probate identifies the heirs and divides the assets according to the intestate succession statutes.  Generally, assets that do not pass directly to a surviving spouse or other heir, such as trusts with named beneficiaries, life insurance, retirement accounts such as a 401(k), or annuities are subject to formal probate proceedings.

Legal disputes often arise in the probate process; as a result, many people put together their estate plans so that as many assets as possible pass directly to their intended beneficiaries and avoid probate.  We can assist you with implementing an estate plan that ensures your assets will be distributed according to your wishes.  However, if a dispute does arise, we have significant experience handling probate litigation matters. 

Seek Experienced Counsel

The laws that govern estate planning and probate can often be confusing.  For this reason it is important to consult with experienced attorneys who understand the ins and outs of this complex area of law.  To schedule a consultation to discuss your estate planning goals, contact Carrington Law, P.C. today.