Wills, Estates, Trusts and Probate Law

Everybody knows a number of cases in which an individual passed away and left inadequate communication and proper documentation to support what they wanted to happen in the passing of their estate. How can you know how much preparation is needed to avoid these often-traumatic outcomes?

Gervais and Davenport has earned the regional reputation of an effective estate planning and probate law firm that can help you ensure that estate property and resources are protected and disbursed as desired. We can assist in:

Estate Consultation - how much protection and what type is needed?

Drafting an Effective Will

Creating a Trust to Protect Specific Assets

Probate Issues Involving Inheritance and Assets in Probate

Many times, inheritance is a simple issue. Assets fall under the state minimum for taxation, and the path of the assets to the inheritors is clear and simple. However, matters of inheritance can be more complicated or more vulnerable than you might realize. After a family member is deceased, there are often challenges that arise from unexpected sources, and often the will or documents left by the deceased do not address matters that should have been spelled out clearly.

In most cases the documents needed to ensure proper inheritance without challenge or misunderstanding are fairly simply to create, but they must be done properly and filed in your city of residence to be truly registered. Stock or "boilerplate" will documents are sufficient only in the simplest inheritance matters. If you have any concerns that assets require proper protection, you should consult with us free of charge and we will advise you as to whether you should consider creating a trust or other document to protect the assets and the path of inheritance.

It is difficult to protect your interests when assets have gone to probate court, which occurs as a result of unspecific instructions regarding inheritance. Probate proceedings can take years and open the way for challenges and missteps that may result in a bad outcome, family strife, and other avoidable unpleasant circumstances.

We highly recommend that every person be prepared for the eventuality of inheritance of family property, and that they perform these protections before it is too late. There are restrictions on the types of protections that can be filed when a person has become incapacitated or ruled incompetent. There are many transfers and changes that can be challenged or denied if performed too close in time to the deceased's demise. It is always best to make arrangements well in advance of any crisis or unforeseen event.

Additionally, there are many creative ways to pass down assets to family members in a structured manner before death, and these methods can have benefits for all parties, such as reducing taxes, expenses, and having the ability to time the events in a favorable manner for the current economic climate.

Gervais and Davenport, P.C., is highly experienced in assisting clients in matters of estate planning or representing them in legal procedures involving inheritance.

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