Helping Clients Achieve Their Goals

"My husband passed away. Now what do I do?"    

Every day, people ask us that question. The answer, sometimes, may be complicated. At first, our probate attorneys will respond with a few questions of their own.

• Did your loved one write a will?
• If there is a will, how long ago was it written, and what does it say?
• Who are the potential heirs?

All of these questions are part of the process. We can represent you at any stage of probate, and even help determine if the estate requires probate. If you are named as a personal representative, we can advise you through the entire process. To discuss your legal needs in further detail, contact Frieberg, Nelson & Ask L.L.P. for a consultation.

Probate Cases    

We handle probate matters  that involve

• Probate Administration
• Probate litigation
• Will contests
• Title transfer
• Determination of Heirs 
• Partitions  
• Creditor Representation 

If there is a will    

If you have a will, generally, the estate assets will be collected by the personal representative, the debts paid and the remainder distributed to the beneficiaries as directed by the will. Unless there is a will contest, this is usually a straightforward process. If you believe that there is something wrong with the will, due to undue influence or fraud, and you wish to contest the will, we can represent you in probate court.

If there is no will   

If your loved one died intestate, the estate is distributed according to state probate law. Frieberg, Nelson & Ask L.L.P. can help ensure smooth and efficient completion to the intestate proceedings.

Wills    

There are three documents that every adult should have when planning their estate:

• Will     
  The will distributes your assets and makes provisions to pay your debts. Having a will enables you to distribute your property as you see fit. It also shortens the amount of time your estate spends in probate; reducing the time your beneficiaries have to wait to receive their distribution. A will is also important to direct specific personal property to a specific heir; family strife can be reduced if everyone knows who receives the china or other family heirlooms. It also can address any family limited partnership or business succession issues, if they apply.
  
  
• Durable Power of Attorney    
  This enables someone of your choosing to make financial decisions on your behalf if you are unable to do so.
  
  
• Healthcare Directive    
  A health care directive works like a power of attorney, except it covers health care decisions instead of financial decisions. Unlike a conservatorship, which your relatives must pursue if you are unable to make your own decisions, you draft a healthcare directive yourself while you are of sound mind and lucid. Included in the healthcare directive is a "living will" which leaves instructions if you fall into a terminal coma.
  
  

Trusts    

Trusts are powerful, flexible legal instruments. They can be used to fund charities, provide for an heir's education, or provide for your own care in your later years. You can also use trusts for estate tax planning purposes and to avoid probate.