Frequently Asked Questions

​What is Probate?

Probate is the legal and court process by which the property of a dead or deceased person (the decedent) is transferred to either his heirs or persons to whom he or she wanted to give the property.  To begin to probate an estate one files a petition with the Clerk of Court and sets the matter for hearing before a judge.  Estates of decedents, disabled adults and minors begin with a petition. 

I have a child with a handicap and I would like to provide that my estate funds are available to take care of my child over and above what public aid or the government will provide.  Is there any way I can do this?

Yes, you can set up, as part of your estate plan, a "special needs trust", the assets and income from which can and will only be used for the benefit of your child after all public aid or government support is exhausted.  

What is a will?

A will is the document a person signs to provide for the orderly disposition of assets after death. Wills do not avoid probate. Wills have no legal authority until the will maker dies and the original will is delivered to the Probate Court. Still, everyone with minor children needs a will. It is the only way to appoint the new "parent" of an orphaned child. Special testamentary trust provisions in a will can provide for the management and distribution of assets for your heirs. Additionally, assets can be arranged and coordinated with provisions of the testamentary trusts to avoid death taxes.

What is Estate Planning?

Estate planning is more than just having a will.  Generally speaking, estate planning is the process of planning for the accumulation, conservation and ultimate distribution of a person's assets.​​

​I don't have a lot of money, do I really need estate planning?

​Yes!  Estate planning is for everyone.  It is not just for those who are already retired, although people do tend to think about it more as they get older. Unfortunately, there is no way to predict how long we will live, and illness and accidents happen to people of all ages.

Estate planning is not just for the wealthy, or those with a mansion or a lot of money either, although people who have built some wealth do often think more about how to preserve it. Good estate planning often means more to families with modest assets, because they can afford to lose the least.

​People typically put off estate planning because they think they don’t own enough, they’re not old enough, they’re busy, think they have plenty of time, they’re confused and don’t know who can help them, or they just don’t want to think about it, all of which are understandable.  Then, when something happens to them, their families have to pick up the pieces.