Estate Planning & Probate
Sanders, Bruin, Coll & Worley, P.A. can help you prepare trusts, wills, business and health care powers of attorney, and other estate planning documentation. In addition, we have extensive experience dealing with probate cases involving large taxable and complex estates. We can also represent you in disputes involving will contests, trust litigation and guardianship / conservatorship issues.
What is Probate?
“Probate” is the process of submitting a will to the court to divide up and distribute a deceased person’s estate. The term probate is also often used to refer to cases involving a determination of heirship where the decedent (the person who died) left no will. A person who has left no will is said to have died “intestate.”
What is involved in probating a will?
The first step in any probate action is to petition the court to appoint a personal representative of the estate. The personal representative is responsible for taking an inventory of the decedent’s assets and ultimately distributing them to the heirs and/or beneficiaries. The personal representative may have been named in the decedent’s will, or may just be someone interested in the settlement of the deceased person’s estate, i.e. an “interested person.”
What is involved in Estate Planning?
A typical estate planning package for a married couple involves wills for each spouse, a health care power of attorney for each, and a financial power of attorney for each. If necessary to, a living trust can also be included to protect a specific asset or interest.