Bailey Law Office, PLLC

 

Attorneys at Law

Probate and estate planning

 

 

Probate - Estate Administration

At Bailey Law Office, our legal team is familiar with the functions and responsibilities of personal representatives who have been charged with the administration of a decedent's estate.  We are therefore able to advise executors and administrators throughout every stage of the estate administration process. 


When a person dies, the probate process governs the transfer of his or her assets to heirs or beneficiaries.  Probate provides a system for the assembly and inventory of property that is part of the decedent's estate, the identification of heirs and beneficiaries, the notification of creditors, and the eventual distribution of assets. 


During the probate process, any valid debts and taxes are paid, and any disputes between competing interests are resolved.  Estates may be subjected to probate whether or not the decedent left a last will and testament.


If you are a personal representative who anticipates conflicts over the terms of a will or the distribution of assets, it can be helpful to work with an attorney who can assist you in handling the dispute resolution aspects of the estate as well as the probate and administrative duties. 


Our extensive probate litigation experience can also protect you and the estate when disagreements arise concerning the terms of the will, the ownership of a particular asset, or a creditor's claim.


Estate Litigation


Estate litigation refers to the range of conflicts that can arise when people disagree about their rights in a deceased person's property or in the deceased person's estate.  Examples of the kinds of cases we handle include:


  • Disputes as to the validity of a will
  • Disputes about the terms of a will
  • Disputes concerning the competence of the person who made the will
  • Intestate succession disputes when there is no will
  • Disagreements concerning the status of a person as an heir or beneficiary
  • Claims of inheritance of a surviving spouse or child who is not provided for in a will
  • Questions as to the correct ownership of an asset that was transferred before death
  • Breach of fiduciary duty claims against an executor or administrator of the estate
  • Third party claims against estates, such as claims by creditors


Estate Planning


There are many modern tools to adequately protect and pass on assets to future generations.  These may include Wills, Durable Power of Attorney, Power of Attorney for Healthcare, Trusts, Gun Trusts, Business Planning or Incorporation to name a few.   At Bailey Law Office we take the time to consult with our clients to determine the best steps to protect your hard earned assets.  We have assisted clients with protecting their personal assets (including firearms), property, (including large farms) businesses and whatever else they have acquired over their lifetime. 


Guardianship (Physical) and Conservatorship (Financial)


Guardians and conservators are appointed by the court for persons who lack the physical and/or mental capacity to care for themselves and are found to be incapable of caring for themselves and/or their property. 


Guardians and conservators make decisions regarding the personal and financial affairs, respectively, of such incapacitated persons.  We can explain how a Guardian or Conservator can provide an extra layer of protection for your loved one.


Elder Guardianship and Legal Protection for Vulnerable Adults


The elderly are among the most vulnerable in our society.  Many are unable to protect themselves from financial predators or people in their lives who may otherwise abuse them.  Others have become incapacitated due to illness such as dementia and can no longer make decisions for themselves.  After a lifetime of contributing to our communities and our families, however, they deserve care and defense against the abusive and fraudulent tendencies of those who would take advantage of them. 


Elder Law is a continually evolving and growing area of law that deals with issues that our ever increasing population of elderly individuals and vulnerable adults face.  Bailey Law Office continually researches and attends training to stay up to date with issues facing our vulnerable adults.  Our Probate litigation experience is valuable in actions to recover assets lost through exploitation. 


Medicaid Planning


Medicaid is a governmental program that will assist family members in paying for long-term care expenses for loved ones.


Medicaid has certain requirements that have to be met for an individual to be able to receive those benefits.  Those requirements are both medical and financial.  For the financial tests there is an income test and an asset test.  An individual can maintain certain assets and still qualify for Medicaid benefits.


Simplified assets: two thousand dollars in cash, a home, a car, and a pre-paid funeral contract.


As for the medical tests, an individual must have difficulty in performing certain activities of daily living such as bathing, dressing, feeding, and medicating themselves. 


Contact Bailey Law Office


This is just an overview of the areas we have experience with.  For additional information about the services we provide on behalf of vulnerable adults, Estate Planning, Estate Litigation, and Probate Litigation, please contact our office.