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Wills, Estate Planning and Probate Administration

Each of us needs a Will, a Medical Durable Power of Attorney, and often a Trust, regardless of the size of assets.   A Will allows you to direct the disposition of your assets when you are gone, as does a Trust you manage during your lifetime.   The value of the Trust is that you provide for unfortunate disability automatically by appointing someone in advance to manage your financial affairs if that occurs.   While you can do that with a power of attorney, that document becomes void on your death. So one instrument, the Living Trust takes on both jobs.

Probate is the process overseen by the Court to ensure your assets are distributed to those you designate.  You have no choice but to use the more expensive and delayed process of probate if you do not have a Trust.   In that case, the assets in your name alone on your death, that do not name a benficiary, are govered by your Will.  Guiding clients through the probate process and the actual adminisration of probate assets, or enforcing your rights in a probate estate are common tasks for your attorney and you should avoid the "do it yourself" pitfalls.    I have acted numerous times as Court appointed Trustee, Personal Representative, Administrator, and attorney for executors, trustees and administrators, with surety bonding provided by reputable insurance carriers to protect the assets under my administration.   

Estate Planning, preparation of Wills, Powers of Attorney, Living Trusts, Living Wills and related estate planning asset protection, are common issues handled by this office in "peace of mind" planning.  


Bankruptcy

Whether you're in financial difficulties, need to protect your assets from creditors, or file for chapter 7 or challenge a debtor in bankruptcy, you can call on my 45 years of experience in these areas.   At last count, I have handled over 300 Chapter 7 cases.  I have been appointed by the Bankruptcy Court as Trustee in Bankruptcy, as a Receiver, and as an investigator in various cases;   and on the other side of the fence have represented numerous creditors in protecting their claims and challenging debtor bankruptcies.   The largest case I managed as Trustee involved over $9,000,000 in assets when the debtor claimed there was less than $4,000,000.  In a separate case, I led the Trustee in obtaining 100% recovery for the creditors, with interest.   In managing both debtors' and creditors cases, I have the experience to use the best strategies for the best results under the given circumstances.   Some of the remedies managed for creditors include:

Lifting Automatic Stay to Permit Foreclosures | Enforcement of Creditor Claims | Objections to Bankruptcy Due to Debtor Fraud | Intentional Torts


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Estate Planning

Ensure that your assets are protected and disbursed as you intend with proper and complete estate planning documentation, and protect your assets in the event of disability during your lifetime.  I manage personal as well as business succession planning, so you can ensure your estate assets  go into responsible hands you dictate.   The issues I can solve for you can include:

Tax Planning and Saving | Irrevocable and Revocable Trusts | Irrevocable Life Insurance Trusts | Wills and Living Wills | Medical Durable Power of Attorney | Probate Administration | Prevention of Frozen Assets Due to Disability