Areas of Practice

Probate

 

Oft-discussed, rarely understood - probate is a complex world of law and administrative red tape. But Farewell and Farewell is here to help, and we’ve been doing it successfully for years.

The term “Probate” means that there is a court case, dealing with some sort of will or property related question. This could include:

  • Deciding if a will exists and is valid;

  • Figuring out who are the decedent’s heirs or beneficiaries;

  • Figuring out how much the decedent’s property is worth;

  • Taking care of the decedent’s financial responsibilities; and

  • Transferring the decedent’s property to the heirs or beneficiaries.

Then, in a probate case, an executor (if there is a will to execute) or an administrator (if there is no will) is appointed by the court as personal representative to (1) collect the assets, (2) pay the debts and expenses, and then (3) distribute the remainder of the estate to the beneficiaries (those who have the legal right to inherit), all under the supervision of the court - and that’s where we come in.

Estate Planning

 

An estate plan is like a bank account - everybody needs one, and it’s crucial to seek the help of a professional. That’s especially true if you own real estate or have children.

Estate planning is all about deciding how an individual’s assets will be preserved, managed, and distributed after death.

Items or issues that are part of an estate include houses, cars, stocks, artwork, life insurance, pensions, and debt. Folks have various reasons for planning an estate, such as preserving family wealth, providing for a surviving spouse and children, funding children's or grandchildren’s education, or leaving their legacy behind to a charitable cause.

At Farewell and Farewell, we have decades of practice building an airtight, individually tailored estate plan for your needs and family.

Conservatorships and Power of Attorney

 

Conservatorships and Power(s) of Attorney - they often feel like two sides of the same coin, but there’s a distinction with a difference, here. We can explain:

On one hand, Power of Attorney is a legal mechanism where someone authorizes another individual to act for them. Crucially, this power continues when or if the granting individual becomes incapacitated. Why draft a Power of Attorney? Well, we do this to ensure that the individual’s financial and legal matters are well taken care of in the event that he or she becomes incapacitated. And of course, the granting person can, assuming they are not incapacitated, revoke the Power of Attorney at any given time.

On the other hand, a conservatorship can set up when a person has already become incapacitated. To start a Conservatorship, a petition must be filed with the court. Then, during proceeding(s), a judge can hear evidence as to whether or not the individual is truly incapacitated and if she/he is unable to make decisions for his/herself.  If there is a finding of incapacitation, the Court may grant a general or limited Conservatorship based on the level of incapacitation.

Farewell and Farewell can help with both conservatorship and Power of Attorney, depending on the unique needs of families and individual clients.