Probate, Wills and Estates address what happens to a person’s belongings and property after they pass away or become incapacitated and unable to manage their own affairs. An estate is generally the grouping of property, assets and debts a person owns or has rights to. Wills are a planning tool that a person may elect to use to provide instructions to the Court and loved ones on how they want their estate distributed after they pass. Probate is the process and type of Court that handles the administration of a Will and distribution of an estate, including appointing a Personal Representative and providing notice to creditors.
Probate Courts also handle the estate or decision making for an incapacitated adult, whether due to illness related to age, mental health, cognitive impairments or injuries. When a person cannot manage their own finances, or daily care, the Court can appoint and oversee someone to do so under a Guardianship or Conservatorship, or both.
Whether you are in the planning stages of determining and ensuring your property is handled according to your wishes when you pass away, or you are a loved one struggling to ensure the proper management of a family member or friend, or the distribution of the assets and debts after your family or friend has passed away, at Schmeltzer & Bostic we can assist you with navigating this sometimes complicated legal network of managing the care and property of a loved one, or planning and distributing property after a loved one has passed.