Planning for your own estate or facing the death of a family member can be a stressful, highly emotional time. While living, a will, durable power of attorney, and health care proxy are critical tools for ensuring a clearer path to follow. Depending on financial circumstances and state of life, there may be a need for more estate planning or asset preservation tools.

If a family member, friend, or loved one has died and you or someone you know are named as the executor and are responsible for the probate or administration of their estate, we’ll work closely with you to promptly probate the will and have you appointed executor or, if there was no will, to appoint you as administrator. This will permit the collection of estate assets, sale or transfer of assets, and eventual distribution under the terms of the will, or if there is no will, to the persons listed under the law.

With our extensive expertise — and our personal approach to every case and client — the attorneys of Fitzsimmons, Nunn & Plukas, LLP can provide the necessary assistance with the following:

  • Drafting wills, powers of attorney, and health care proxies
  • Asset preservation planning for Medicaid and other purposes
  • Article 81 Guardianship proceedings if more control over a living loved one is necessary
  • Probate of wills and administration of estates without wills
  • Dealing with income, gift, and estate tax liability
  • Recovery of misappropriated assets
  • Assistance with liquidating and distributing estate assets including real estate
  • Addressing claims or litigation in the context or probate or administration
  • Representation in will contests and other estate litigation

The death of a loved one or friend can create a complex and often confusing time for grieving families. In many cases, the probate or administration of an estate is not a smooth process. If you feel that the settling of affairs in your situation is uncertain, or is unfair, or is improperly managed, or if you simply need more guidance in the process, our team can help. If you would like to speak with an attorney regarding estate planning, probate, administration, or possible estate litigation, please contact us today.