Fear of the unknown and a desire to ensure loved ones are taken care of when we are gone are common traits. Though planning for what will happen when we are gone is intimidating and something we all dread, making a plan for the future can help relieve or eliminate the stress and concern. Procrastination, on the other hand, can only make matters worse and more stressful and difficult for our loved ones once we are gone. Huberty Law Firm can relieve these concerns and stress by crafting a comprehensive estate plan that will provide the peace of mind that we all desire, knowing your family will be taken care of. Huberty Law Firm is dedicated to providing all the estate planning services required to help our clients protect their interests and the interests of family through estate planning and handling probate matters.
Major areas of concern many people have include caring for minor children or a disabled family member, ensuring their assets are distributed to the correct people, and arranging for health and end-of-life care. We are experienced in all areas of estate planning and probate, including the following specific areas:
WILLS AND TRUSTS
Many people wonder if they need a Will, or whether and how a Trust can help their family stay out of probate court and avoid all the expense and stress probate can cause. We are happy to explain how a Will and/or Trust can meet your needs based on your particular financial and family situation. Your assets and finances will be thoroughly reviewed along with the manner in which your property is owned and titled, as well as any beneficiary designations to determine what if any changes are needed to better meet your goals and fulfill your intent.
HEALTH CARE DIRECTIVES
Most people haven’t even thought about what will happen in the event they suffer a serious injury, become incapacitated, and are unable to handle their affairs. A little estate planning can take care of such a situation before it happens, giving you the peace of mind that comes with knowing everything will be alright in the event of a medical emergency. When you cannot speak for yourself, it is best to have everything in proper order so that your loved ones can speak for you and handle your affairs without having to run to court for quick, and expensive, relief. A health care directive, also known as a health care power of attorney or living will, allows you to choose the person who protects your interests and ensures your wishes are followed in the event you are incapacitated. At Huberty Law Firm you will be given all the information and tools necessary to address how decisions, both financial and health, can be made when you are unable to make them yourself.
What is the first step to take when you are suddenly informed that you’ve been appointed by a friend or family member to handle their affairs? Who should you see? What immediate steps can you take, and should you take to, for example, protect their estate for the intended heirs? What if there is no Will? We understand this is often a very emotional time, and know from experience that it often leads to hurt and bitter feelings among the decedent’s family. Rest assured that all of your of your questions have answers. We are here to help guide you along the way as you settle your loved one’s affairs, settle and distribute their estate, with or without a Will.
We are also here to help when there is a dispute between heirs, which often lead to Will contests and other disputes. Our years of experience litigating numerous matters means we have the knowledge and ability to help you navigate through the process to a fair and just result, and ensure the wishes of your loved one are followed. To this end, we represent personal representatives, executors, heirs, beneficiaries and other individuals when a problem or issue arises over how an estate is distributed, what is included in the estate, or excluded, and who will be in charge of administering the estate. Our experience and knowledge of the probate law gives our clients an advantage in probate litigation.
In Re Estate of Patrick W. Butler, No. A09-1208 (Minn. 2011) [Link: https://mn.gov/law-library-stat/archive//supct/1109/OPA091208-0921.pdf] We represented the prevailing party in this case decided by the State’s highest court. It involved several joint accounts funded by the Decedent and held jointly with his daughter. The remaining children attempted to have the joint accounts included in Decedent’s estate, which would have resulted in them being divided evenly among all siblings. Thankfully the Supreme Court issued an opinion establishing a bright-line rule to determine whether joint accounts are estate assets, which removed a big grey area in probate law, making it easier for you to be confident your wishes will be followed once you are gone.
Contact Huberty Law Firm
To learn more about our cost-effective, personalized estate planning and probate practice, we invite you to contact us, Huberty Law Firm, online through this web site, or by calling 763-235-3787. We serve clients in Anoka County, Sherburne County, Hennepin County and throughout the northwestern suburbs of the Twin Cities and beyond.