Everybody's circumstances are different. That is why Attorney Dean E. Patrick, works with his clients one on one to explore, discover, and assure their goals are attained.

Below are a few stories to help you recognize your goals as regards the estate planning and probate process.

Keeping Control

Harry husband and Wendy wife, stopped talking with their surviving siblings after a bitter probate court fight. With a modest estate and an intention that certain individuals take no part of their estate, they needed to plan, but decided to wait for "insert your excuse here." Wendy passed away. Weakened by the grief from the loss of his wife, Harry passed away within the month.

If you do not plan, the probate process makes one for you. With no living parents or children, their estate was distributed to the very people they did not want to take from their estate, their surviving siblings.

Harry and Wendy could have maintained control when they were gone and disinherited their siblings if they had created wills.

Maintaining Control

Harry husband and Wendy wife were married several years before Harry became incapacitated. Unable to maintain their property and in need of money for Harry's care, Wendy found buyers for the family home. Stressed by the incapacity of Harry, Wendy felt some relief when the buyers were found. Unfortunately, that would be short lived.

When it came time to close on the sale, the agent would not let Wendy sign on behalf of Harry. Agent explained that Wendy would have to petition the probate court for control of Harry's finances. And it got worse.

With the help of an attorney, Wendy petitioned the probate court to be the conservator of her husband's finances. The court did not feel Wendy had the ability to act on behalf of her husband and nominated a court appointed conservator. Wendy was devastated, but at least the house would be sold.

Because Harry was deemed an incapacitated individual by the probate court, his assets, and the the assets held jointly with Wendy, became a matter of public record for the neighbors or anyone else to view as they pleased.

If you do not plan, the probate process makes one for you. Harry and Wendy could have maintained control if they had nominated a conservator or created a durable power of attorney for finance while they had capacity.