Estate Planning And Probate Administration

Many people are confused or intimidated by the phrase "estate planning." Estate planning is simply establishing a plan to provide for and protect your family both before and after you die. While the estate planning process and the laws that govern it can be complex, ESPE LAW has a simple goal: to give you peace of mind.

ESPE LAW works to understand your goals and help you understand your options so you can make intelligent planning decisions.

A few examples of the estate planning options and related matters that ESPE LAW can help you with are:

  • Wills
  • Living trusts
  • Powers of attorney
  • Health care directives (living wills)
  • Irrevocable insurance trusts
  • Estate and trust-related litigation
  • Probate and trust administration
  • Guardianships and conservatorships


What is a will?

A will is a legal document that allows you to transfer your property after you die. A will is a simple way to ensure that your money, property and personal belongings will be distributed as you wish after you die.

Do I need a will?

An individual's financial situation, family structure, and wishes for how assets are to be distributed upon death are factors on whether or not you need a will. While no law requires you to have a will, it is important for people to have a will or an alternative plan to distribute your estate. The best way to know if you need a will is to take the time to discuss your unique situation with an estate planning attorney.

What is probate?

Probate is the legal process of settling your estate in court after you die. Your property is gathered and inventoried, your debts are paid, and then the remaining assets are distributed. Your personal representative is responsible for "probating" your will. If you have no will or did not name a personal representative, the court will appoint one for you. If there are disputes about your Will or how your assets will be distributed, a probate judge will become involved to resolve them.

Does a will avoid probate?

A will does not, and is not intended to, avoid the probate process.