Probate Lawyers

When there is a will or a trust, distributing property can be relatively easy, though it takes several months to complete. If an estate is complex or there are problems with a will or trust, it can take much longer.

While we handle all sizes of estates, our lawyers are particularly helpful when it comes to complex estates: those with substantial real estate holdings, a family-owned business, or stock portfolios. With our background in business law we can help you implement a business succession plan developed during earlier estate planning to ensure a smooth transfer of a family business. We can also advise you on the proper way to account for income generated during estate administration.

Guardianship and Conservatorship

When a family member can no longer manage day-to-day activities or financial decisions because of age, illness, or incapacity, a guardianship and/or conservatorship may be the best option. This is not a simple process. It requires you to go to court to prove there is a need based on legal disability. But when it is necessary, it is a responsible and loving action for family members to take. The lawyers at Damon, Ver Merris, Boyko & Witte, PLC can help you seek physical custody or financial management authority of an incapacitated loved one.

Likewise, a properly prepared Patient Advocate Designation may allow a named family member to make medical decisions for a parent or loved one if they are unable to make these decisions for themselves because of disability.

If you think an elderly parent or other loved one may be having health problems, or may need nursing home care in the future, talk with us. A Power of Attorney can often accomplish the same thing as a conservatorship at much less trouble and expense.

Probate Litigation and Will Contests

There are many reasons an estate may end up in litigation. There may have been no will, or there may have been a problem with a Will. The deceased person may not have been competent to write or change a will, or someone may have exerted undue influence to force a change in a will. There may be questions about the management of a trust: were investments reasonable and proper? Has the accounting been done correctly? In some cases, despite good planning, heirs are disappointed or simply unreasonable or determined to make trouble., This can lead to conflict, and even litigation.

We understand the emotional nature of will contests and probate problems and work to resolve these disputes without going to court. But when probate litigation is necessary, our attorneys can help you protect your interests.