Wills, Trusts & Probate Services

Hands signing wills trust probate document

Our probate lawyers are experienced in complex estate litigation, safeguarding clients' rights within the probate court.

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WILLS & ESTATE PLANNING

Create or update your will to delegate assets or name an executor. Ensure peace of mind knowing your affairs are in order. Rest easy knowing your estate plan is secure and comprehensive, covering both personal and real property. At Hayes Hunter PC, we understand the intricacies of estate planning, ensuring that every family member and beneficiary is considered with precision.

TRUSTS

Create a legal entity that will not be subject to probate upon death. Establish a revocable living trust or an irrevocable trust to manage your assets efficiently and avoid probate. Trusts are essential components of robust estate planning, offering not only privacy but also continuity in asset management. Our estate planning lawyers are adept in the creation and management of these legal entities.

HEIRSHIP DETERMINATIONS

Legally determine the heirs to an estate and appoint a personal representative for the estate. This process is critical in estate administration, ensuring that all parties receive their due inheritance as effectively as possible.

WILL CONTESTS

Contest a will based on:

Improper Execution
Lack of testamentary capacity
Undue influence
Fraudulent inducement

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Understanding the Fundamentals of Wills, Trusts, and Probate

Estate planning is not merely about distributing your assets; it's about ensuring peace of mind for your loved ones after you're gone. Whether you're drafting a living will or setting up various forms of trusts, each step requires careful consideration and professional guidance.

What is a will and why do you need one?

What is the difference between a will and a trust?

A will is a legal document that specifies how your assets should be distributed after your death and may name guardians for minor children. It becomes effective only after your death and must go through the probate process. A trust, on the other hand, is an arrangement where one party holds assets on behalf of another party. Trusts can be used to manage your assets during your lifetime and distribute them after your death, often bypassing probate, which can save time and money.

What happens if someone dies without a will?

If someone dies without a will, they are said to have died "intestate." In this case, state laws will determine how their assets are distributed, which can vary greatly depending on the jurisdiction. Typically, assets are distributed to the closest family members, like spouses and children, which may not always align with the deceased’s wishes. Having a will ensures your peace of mind—once it’s executed you’ll know that your property, on your death, will go to exactly who you want it to.

Understanding Trusts: Different Types and Their Benefits

Trusts serve various purposes, from tax planning to protecting your assets from probate. There are several types of trusts, each serving different purposes. Common types include revocable trusts, which can be altered during your lifetime; irrevocable trusts, which cannot be changed once they are executed; special needs trusts for beneficiaries with disabilities; and charitable trusts for philanthropic purposes. Choosing the right type depends on your personal circumstances, asset protection goals, and tax planning needs.

How do I set up a trust?

To set up a trust, you should start by consulting with an estate planning attorney to discuss your goals and needs. The process includes choosing the type of trust that best suits your situation, designating a trustee, determining beneficiaries, and outlining how the trust assets should be managed and distributed. Legal documents must be drafted and executed in accordance with state laws to ensure the trust is valid.

Navigating Through the Probate Court with Confidence

The probate process can be complex, involving everything from validating a will to the final distribution of assets. Our probate lawyers guide clients through each step, ensuring clarity and compliance with legal requirements.

How can I avoid the probate process?

To avoid the probate process, consider creating a revocable living trust. By placing your assets in a trust, you maintain control over them during your lifetime. After your death, these assets can be transferred to your beneficiaries without probate. Other methods include designating beneficiaries on retirement and bank accounts (through payable-on-death and transfer-on-death designations), jointly owning property, and in some cases, creating life estates.

Effective Estate Planning Can Minimize Estate Tax

Proper estate planning goes beyond drafting documents. It involves strategic tax planning to reduce or eliminate estate tax, maximizing the financial benefits for your beneficiaries.

Proper planning ensures that your assets are transferred to your beneficiaries in a manner that minimizes the tax burden. Techniques can include setting up charitable trusts, making use of the unified federal gift and estate tax exemption, and establishing irrevocable trusts that remove assets from the taxable estate.

Choosing the Right Executor for Your Will

What are the responsibilities of an executor?

An executor, also known as a personal representative, is responsible for carrying out the directions and wishes of your will. Responsibilities include filing the will with the probate court, notifying banks, creditors, and public agencies, taking care of the deceased's assets, paying any debts and taxes, and distributing the assets to the beneficiaries as stipulated in the will.

If you pass away intestate and your estate needs to go through the probate process, you will still have a personal representative (called an administrator). Depending on the type of probate case, the administrator may be able to act independently, or without court approval for most actions (like an executor normally can). Most intestate probate administrations are dependent, however, which means the administrator will need to seek court approval before acting on behalf of the estate.

Criteria for Selecting a Competent Personal Representative

Wills, Trusts & Probate