FAQ

Regardless of whether or not your loved one had a will or not, you will need an attorney to obtain Letters Testamentary or Letters of Administration to access any bank accounts, stocks, bonds, retirement accounts, insurance proceeds payable to the Estate, and to transfer title to real or personal property. After an administration is created, the administrator or executor will need an attorney to file the estate inventory and annual accountings.

Guardianship is the legal process that allows one person to make personal, financial and medical decisions for another person. The Court can create a guardianship of the person, a guardianship of the estate or a guardianship of the person and estate.

If someone is in need of a guardianship, a guardianship attorney will be required to file the application and represent the applicant at the hearing to create the guardianship. Once a guardian is appointed, the guardian of the estate will need an attorney to file an inventory and annual accountings.

A will is a legal document that allows you to determine how your property will be distributed upon your death.

No. If you die without a will, your heirs at law will inherit your property. Heirs at law include spouses, children, parents, siblings, grandparents, aunts, uncles and cousins. Very few people have their property go to the state when they die.

Generally, a guardianship can be avoided by having advanced directives in place like financial and medical powers of attorney.

A Statutory Durable Power of Attorney is an advanced directive that allows you to appoint an agent to act on your behalf in completing a variety of financial and property transactions in the event you are unavailable to do so for yourself.

A Medical Power of Attorney is an advanced directive that allows you to appoint an agent to make medical decision on your behalf in the event you are unable to do so for yourself.

Yes, by executing a designation of guardian in the event of later incapacity you can decide who will be your guardian if you need one.

Yes, by executing a designation of guardian for minor children you can decide who will be appointed guardian for your children if you can no longer take care of them.