LETS GET TO KNOW SOME OF THE TERMS...

   A Will (sometimes called a Last Will and Testament) is a document that states your final wishes.  A will can include any and all personal and community property.  You can wish to leave your belongings to one individual or to multiple individuals.  You may even wish to "Will" certain percentages of property to different individuals.  

   When a person passes, the individuals who wish to acquire the property that was left to them must file a Probate case with the Superior Court in order to have authority to gain ownership of the property.  The will is a part of the Probate case and it will be followed closely.  

 

A Trust is an arrangement set up before someone passes that allows a third party, or trustee, to hold assets of the heirs, or beneficiaries.  When a Trust is created, the person's assets are then owned by the Trust.  When the creator of the Trust dies, it is not necessary to go through Probate because the owner can still operate and disburse assets; saving the beneficiaries the time, filing fees and possibly reducing estate taxes.

 

Probate is a legal process that takes place after some one passes away.  Even if someone has executed a Will before they passed, the heirs must still file a Probate case to establish validity of the Will.  If there is no will, someone must ask the court to be appointed the Administrator of the decedent's estate in order to make decisions as to the disbursement of any property.  During the probate case, an inventory and appraisal of the property to be disbursed is provided to the court and an order and letters are issued.  ​

 

A Conservatorship is a court case where a judge appoints a responsible person or organization (called the “conservator”) to care for another adult (called the “conservatee”) who cannot care for himself or herself or manage his or her own finances.  It is required by law that all conservators have a copy of the Conservatorship Handbook. 

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A probate Guardianship of the person is set up because a child is living with an adult who is not the child’s parent, and the adult needs a court order to make decisions on behalf of the child. Generally, probate guardianships are for children under 18. 

A guardianship is not the same as an adoption. Here are some differences:

 

In a Guardianship:

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• Parents still have parental rights. They can ask for reasonable contact with the child.

• The court can end a guardianship if the parents become able to take care of the child.

• Guardians can be supervised by the court.

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In an Adoption:​

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• The parents' rights are permanently ended.

• The legal relationship with the adoptive parents is permanent and is exactly the same as a birth family.

• An adopted child inherits from his

• or her adoptive parents, just as a birth child would.

• Adoptive families are not supervised by the court.

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A Power of an Attorney is a legal document, giving authority to an "attorney in fact" (someone you trust) to make legal decisions on behalf of the "Principal" (you).  There is no court procedure to complete a Power of Attorney or to make it valid.  The mere fact that it is signed and "Acknowledged" (signed with a notary), is validity enough.  This may help to stream line the process of decision making, without having to go through the court process. 

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GETTING FAMILIAR WITH ALL THESE TERMS CAN BE A HEADACHE,  we know...  Thats why we are here to help.  Our office can assist you in the preparation, filing, and following up until completion of ANY of these services.  Simply call our office for an appointment to meet with our senior LDA (legal document assistant), so that she may guide you through the process.  Here is our probate intake (the first step).

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