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Adult guardianship is an important, yet involved process.  Typically, a relative of an adult who seems to be unable to manage their own financial affairs and/or health care needs can be in need of a court-appointed guardian to assist them. It is important to emphasize two requirements.  First, the person who can’t manage their affairs...
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Why Guardianship Can Be Difficult
Guardianship has a well-deserved reputation as a difficult process. Filing almost any action in court can be a trying process, even with the best intentions, excellent legal counsel and a legitimate claim on issue. However, guardianship seems to bring out more difficulties than other legal processes. This is because: The incapacitated person is officially unable...
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Should I Try To Avoid Probate?
Probate avoidance seems to be a popular topic on everyone’s mind these days.  Certain popular television personalities and other public financial advisors appear to be praising the virtues of avoiding probate. What Is Probate? Probate is merely the process of having the surrogate court accept the will as valid, appoint the executor and supervise the...
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Advance Directive for Health Care
One of the key documents in basic estate planning is an advance directive. This documents does two things: It appoints a representative to make health care decisions for you if you are incapacitated; and Gives the agent instructions as to your wishes about medical treatment, including end of life treatment. Individuals have a right to...
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Estate planning in our day and age is complex and usually involves many different elements.  While many people know that almost everyone needs “the big three” documents – will, power of attorney, and health care proxy – the beneficiary designation issue has not received the attention it deserves. What is a Beneficiary Designation? Some assets...
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mfine_Adultguardianship
Sometimes, unfortunately, an adult becomes mentally unable to make financial or personal/medical decisions for themselves. If that happens, and there is no power of attorney or health care proxy, or those documents are not sufficient to enable someone to make those decisions or manage their funds, a guardianship may be necessary. Guardianship involves filing an...
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mfine probate
Probate is a court-supervised process to set up an estate, manage the affairs of a deceased person and distribute their property. Typically when a person dies with a will, the executor or the heirs petition the Surrogate Court to have the will declared valid and to have the executor formally appointed to take care of...
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Last Will and Testament,
A will is a document that states who inherits your property when you die. Drafting and executing a last will and testament gives you the opportunity to dispose of your property at death. Preparing your will can give you the opportunity to do some other essential planning, as well. For many reasons, people often put...
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