ESTATE LITIGATION & PROBATE

Estate Litigation & Probate Services

At Scholl & Whittlesey, LLC we understand the challenges that come with getting older and managing the care and treatment of an elderly parent or loved one. There is no time like the present to begin tallying about Medicaid and Medicare planning to protect your assets from a nursing home. You may want to establish a durable power of attorney, so that someone else can handle important matters related to your medical and financial affairs.


Our Firm can help you navigate the many laws and regulations that affect the elderly and we can assist in tie following legal issues:

Basic Estate Planning & Simple Wills


When it comes to estate planning, we do not tame the "one size fits all" approach. The first step in this process is identifying the assets which will comprise your estate and then listening to how you wish your estate to be allocated and distributed. Depending on the size of your estate, we will employ the necessary financial experts to obtain the most effective results for you.

Medicare Planning & Asset Protection


When and if it is necessary for you or a loved one to require full time nursing home care, the time has often passed for effective Medicaid planning and asset protection. In order to avoid having assets devoured by nursing homes or hospital costs, the planning should take place now.

Powers Of Attorney


In the event you are unable to handle your legal or financial matters, a durable power of attorney is an invaluable tool. We can prepare the necessary Power of Attorney you need to guaranty that your affairs are not interrupted by sickness or disability.

Living Wills


In the event you need medical treatment and are unable to make important medical decisions due to loss of consciousness or disability, a Living Will is an important thing to have. We will prepare a Living Will that suits your wishes and gives you the peace of mind you require.

Guardianships/Conservatorships


Our Firm has handled many cases where the Court must declare an individual unable to govern their own affairs and appoints a Guardian. In those cases, we are prepared to obtain the results you seek and the protection of a loved one or for your own individual case.


No one wants to think about getting older. However, not thinking about getting older is not going to prevent you from getting older. By planning ahead, you can have more control over the events that occur in your later years. You can ensure that if you become unable to express your wishes, you have already made those wishes clear.

Probate Matters

Estate planning is the formal, legal process of documenting your assets and providing direction regarding how, when, and to whom you would like those assets transferred after your death.


Probate and estate administration is the other side of the coin. It is the process of distributing a person's assets after he or she has died. In probate, a court oversees the execution of the will and transfers title and possession of assets to another. In estate administration, the court is not usually involved in the payment of debts and distribution of assets. For accomplished legal assistance, please contact Scholl & Whittlesey, LLC today.


When a person dies intestate, without a will, the court must decide how to distribute assets, a process which can be extremely expensive. At Scholl & Whittlesey, LLC we encourage all our clients to avoid the costs of probate by developing an effective estate plan.


Whether your loved one had a will or died intestate, our probate and estate administration attorneys will guide you through the process to ensure that all debts and taxes are paid, disputes are resolved, and all assets are distributed appropriately. Throughout the process, we will work to preserve assets and minimize costs to the estate.


If you have you been appointed an executor of an estate and don't know how to manage your fiduciary responsibilities, please contact us.

 

Do you believe your loved one's estate is being mishandled? Do you believe that a parent or loved one has been a victim of undue influence or duress? In these cases, we have the litigation experience necessary to assist you.

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