Estate Planning & Probate

Caring for the chronically ill bears with it a host of legal responsibilities which are often complex. These may include:

• Estate planning
• Guardianship
• Probate

R. John Cole, II & Associates will assist you in handling these matters with the knowledge, experience and compassion they deserve.

Estate Planning

A proper estate plan secures the property and assets of the client with the maximum benefits available from the possession and use of the property while simultaneously enabling the property owner to transfer that property to the surviving beneficiaries with minimal loss, cost, and time. A good estate plan minimizes federal and state income, estate and inheritance taxes, reduces probate and associated property transfer costs, conserves and enhances the net worth of both the client and his or her heirs, and fully accomplishes the testamentary wishes of the client. These are often complicated and sensitive issues. R. John Cole, II & Associates can assist you in achieving the best interest and outcome for you and your family members efficiently and expeditiously.

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Guardianship

A guardian is a person who has both the duty and legal authority to make day-to-day and long term decisions for a person (referred to as a ward) who can no longer make such choices for himself or herself. Operating under Court appointment, a guardian is responsible for the following:

• Living arrangements
• Health care
• End-of-life decisions
• Transportation and other personal needs

Because of the seriousness involved in appointing a guardian for someone who is older, or has the declining ability to care for themself, a seasoned attorney can be of great help in assuring these important decisions are made in an informed manner and are executed properly.

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Probate

Probate is the legal process of proving the existence of a valid will, or if there is no will, determining who will receive the decedent’s property and what taxes might be owed on his or her estate. The probate makes provisions for the payment of any outstanding debts and taxes, for setting a deadline for creditors to file claims, and for the distribution of the remainder of the estate to the rightful heirs.

Usually, some form of this process is necessary before the deceased's property can be legally distributed.

When it is established that a will exists, the court must allow others to object to the will, and if there are objections, to determine if the will is valid.

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Contact the firm today

For assistance in resolving any legal needs regarding guardianship, conservatorship, estate administration and other aspects of caring for the chronically ill, do not hesitate to contact R. John Cole, II & Associates today.