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A large part of our practice is devoted to helping people when someone dies, or is unable to take care of himself or herself. Most people think of Probate in the context of someone's death, but probate also encompasses court supervision of a person's affairs when he or she cannot take care of himself or herself. But just as one can arrange their affairs to avoid probate upon death, one may be able to avoid probate in the event of disability.
When someone dies, we can help the executor or administrator with the court supervised administration of probate property, and the transfer of non-probate property. If there is a trust involved, we can help the trustee of a trust properly discharge his or her duties when administiring the trust. Trying to take care of business while we are dealing with the loss of someone close to us is difficult at best. While we cannot take the pain of loss away, we can make the business side of things easier to deal with.
The need for a guardianship can arise in two ways: as result of disability due to illness or accident; or as a result of a minor receiving property. The person for whom the guardianship is set up is called the Ward.
Regardless of whether the guardianship is for someone young, someone old, or someone in between, the process is relatively the same. The process involves the court supervision of the Ward’s property. Court supervision means court filings and court approvals. The process requires attention to the rules, record keeping, and deadlines.
Under certain circumstances, it might be possible to avoid setting up a guardianship for a minor, or for someone because of disability.
There is a lot of information on our website. For more information on administering a decedent’s estate and on guardianships, follow the links. We are ready to assist you in dealing with handling the affairs of someone who has died, or for someone who needs a guardianship, if you contact us.