A will is the most simple estate planning tool available. A carefully prepared will lets you decide who inherits your property and have guardianship over your children. A will allows you to make your wishes known and legally followed. Without a will, these decisions will be made by a Court without consideration for your wishes. The Fealy Law Firm, PC can draft a will for you at a reasonable, fixed fee.
Probate with Will
The Fealy Law Firm, PC can assist you with all of the steps necessary to probate a will for a fixed and fair fee.
Probate without Will
Even if your loved one did not leave a will, The Fealy Law Firm, PC can guide you through the probate process necessary to assure all of the rightful heirs inherit property and transfer deeds and titles.
A guardianship is a court-supervised administration for a minor or for an incapacitated person. A guardian is appointed by the court to care for the person and/or property of the minor or incapacitated person. If you need assistance in being appointed a guardian of a minor or incapacited person, The Fealy Law Firm. PC can guide you through the process.
Estate Planning Documents Preparation
The Fealy Law Firm, PC can prepare all of the basic Estate Planning Documents you need for proper Estate planning. This includes, Powers of Attorney, Directives to Physicians, Living Wills, Wills and various other documents, based upon your specific needs.
Affidavit of Heirship
If a person dies without a will, issues may arise regarding who the heirs are and which persons have a right to titles and deeds to property. Such property usually cannot be sold as it is unclear who actually owns the property. Title companies will not issue title insurance until heirship issues are resolved. This may be accomplished by either a judgment determining heirship in probate court or by an affidavit of heirship. An affidavit of heirship is usually the less expensive route and may clear up title issues enabling you to sell or transfer property. The Fealy Law Firm, PC can help you determine if an affidavit of heirship may be used and can prepare the document for you.
A living trust is another way to transfer property to your beneficiaries without going through the probate process. There are pros and cons regarding whether it is better to use a living trust or will to transfer property. Sometimes a combination of the two is best. The attorneys at The Fealy Law Firm, PC can advise you on which method is best to protect and transfer your assets and can prepare a trust for you if one is required. They can explain to you exactly what a trust is and advise you of the advantages and disadvantages of a living trust. Setting up a trust means you transfer ownership of the property into the trust immediately rather than the property transferring at death. A living trust can also immediately transfer management of your property if you become incapacitated, meaning there would be no need for the extra expense of guardianship. Trusts can be more expensive initially than wills, but may be cost saving in the long run.
If you need to transfer property from one person to another, it is critical you do so in a properly prepared deed. There are many different types of deeds, each of which serves a specific purpose. The attorneys at The Fealy Law Firm, PC can advise you on which type of deed you need, as well as prepare and file the document.