Losing a loved one is an emotionally exhausting and stressful life event in and of itself, let alone having to work through confusing paperwork and legal protocol during that difficult time. Whether your loved one had a will, a large estate or a small one, most estates do need to go through the probate process with the court.
Estate planning is an option for everyone. It is the forward-thinking process of controlling your assets during your lifetime, as well as how they will be distributed after your death. Most importantly, estate planning offers peace of mind to you and your loved ones. By establishing a plan, you are freeing your loved ones of the emotional and financial stress that accompanies managing and distributing your assets after your passing.
Probate Litigation & Appeals
Unfortunately, there are times that an experienced litigation team is needed to address issues of interpersonal or financial conflict in the planning or administration processes. The Darren Findling Law Firm also provides appellate services for all types of probate cases, whether we handled your case in the lower court or not.
A guardianship for an adult may be necessary when a person is impaired and is unable to make or communicate informed decisions regarding their medical care, general health and wellbeing, and placement. A guardianship for a child (minor guardianship) may be necessary when the parents will be absent from the child’s life and unable to provide care, such as in death, incarceration, extended in-patient mental health, substance abuse treatment, or hospitalization.
If you're a personal injury attorney pursuing a claim and the defendant is deceased, you need to have a representative appointed for the estate of the defendant. The Darren Findling Law Firm serves statewide as representatives of deceased defendant's estates so that you can continue your litigation. We understand the timelines involved and can make sure that we secure a timely appointment to avoid dismissals, even next day.
Thinking about planning and protection for a loved elderly is something which will always happen. This could mean finding long-term and nursing home care, planning for Medicaid, Medicare, retirement income and Social Security. Protecting assets also needs to be planned for. It can also mean planning for someone who is disabled and finding housing options suitable for them. Most important, and an overlaying statement, we look to end and prevent elder abuse.
The Veterans Benefits Administration provides many different benefits to veterans, and their families. The benefits include compensation service, pension and fiduciary service, insurance service, education service, loan guaranty service, vocational rehabilitation and employment service.
Special Needs Trusts
Some families must assume special responsibilities in order to care for a loved one who will require help through adulthood due to physical or mental challenges. To help these families, The Darren Findling Law Firm offers Special Needs Planning. This planning uses state and federal Trust Laws to protect the assets of a person with disabilities.
Trust administration typically proceeds without the involvements of the probate court. Trust administration refers to the process of gathering trust assets, accounting for the assets, income, and disbursements, paying debts, expenses, and taxes, and distributing the trust property according to the terms of the trust agreement.