Wills & Probate Law Services
Probate
Probate is the legal process by which a person’s debts are paid and assets are distributed upon his or her death. Individual state laws direct the probate court how to distribute the deceased’s estate. State laws and procedures vary greatly, so it is important to consult a firm with expertise in this area of the law to ensure that the deceased’s assets are distributed correctly. Probate consists of laws dealing with the validity of wills, administration of estates and sometimes over the affairs of minors and persons adjudged incompetent.
Wills
A will is a person’s declaration of how one wants their property distributed after death. Because there are complex laws regarding the validity of any will, it is important to consult with an attorney with knowledge and experience.
Power of Attorney
Powers of Attorney are governed by the law of agency, a branch of common law concerned with the delegation of power from one person, generally called the principal, to another, called an attorney-in-fact or agent.
When a person becomes incapacitated, the government or the court often steps in and appoints someone to represent and make legal decisions that the person would have to make. One of the ways to avoid government or court intervention, and the appointment of a stranger to act as your guardian, is to use a Power of Attorney. A Power of Attorney is a written document stating that one person gives to another the full power and authority to represent him or her or it can be limited in scope. There are two types of Power of Attorneys, one covering assets and one covering health care decisions.