by Jeffrey W. Jones, Esq.
Probate is the legal (court) process of making sure a decedent’s property gets to the intended recipients, that taxes are paid, and anyone who has a claim against the decedent has a chance to present it. It is public, time consuming, and can be expensive. Even worse, if you own property in more than one state, your estate may have to be probated in every state where you own real property!
You may be able to avoid probate completely by using a living trust, or at least reduce probate to an inconsequential detail. If your estate does require probate, the lawyers and paralegals at JONES, KURILOFF & SARGENT can help your loved ones complete it as quickly as the law permits.
“Living Probate” is a term some use to describe the court administration process that takes place when an incapacitated person or a minor needs a Conservator or a Guardian appointed to manage their affairs. Living Probate is public can be more expensive and time consuming than probate of a decedent’s estate. We believe that in nearly all cases it is desirable to avoid the possibility of Living Probate by using powers of attorney and advance directives.
We have also developed a “springing” power of attorney for parents of minor children. This power of attorney is signed now, but does not become effective unless you (and your spouse or the minor child’s other parent, if not your spouse) become incapacitated. The power of attorney is triggered by your incapacity and appoints someone of your choosing to have custody and control of your child for up to six months (the legal maximum), until you either regain legal capacity or the court appoints a longer term guardian and conservator for the child. Jeff Jones is presently involved in drafting legislation which will clarify and expand the right of all parents to make such pre-need guardianship arrangements.
The information presented on this website is general in nature and not intended to be legal advice. No attorney-client relationship will exist with Jones, Kuriloff & Sargent, LLC unless we agree in writing after a personal consultation. Please contact us for a consultation on your particular situation.