Probate Law

At Carter DeYoung, we understand that every family has different needs when it comes to estate planning and/or going to court for estate-related legal issues. Whether you are drawing up a simple will, living trust, or need assistance with something more complex like inheritance tax planning or estate litigation, our experienced estate planning attorneys will help to simplify the process.
Anticipating and planning for the death of a loved one can be a complicated and emotional process, but failing to have a plan in place can lead to financial losses and complications with surviving family members. Our approach is personal, practical, creative, and collaborative. We work with our clients to explain, develop, and implement estate plans for all stages of life and varying levels of wealth

Most people use a will to leave instructions about what should happen to their property after they die. However, you can also use a will to name an executor, name guardians for children and their property, decide how debts and taxes will be paid, provide for pets, and serve as a backup to a living trust. A common misconception by many people is thinking that an abundance of assets must be accumulated before crafting a will. If the only thing you own is a car, you still should consider a will.

When a loved one becomes mentally incapacitated due to an accident, dementia, Alzheimer's, or any other illness, they may not be able to make their own decisions moving forward. In this case, they will need a trusted person to handle their affairs. Our experienced attorneys will walk you through the process of appointing an attorney-in-fact.

Appointing a trusted person to act as your agent in making medical decisions for you in the event that you become incapacitated and unable to speak for yourself is an important decision. A health care proxy will ensure that your medical treatment instructions are carried out, especially in the event that you and your family may disagree about treatment. Without a health care proxy, your loved ones would face filing for guardianship through Probate Court, a potentially lengthy and costly process.

When someone is left in a vegetative state due to terminal illness or severe injury, their family will likely be burdened with extremely difficult decisions to make on their behalf. A living will is a legal document that outlines any instructions and preferences regarding which life-saving measures are to be taken by medical staff to save or prolong an individual's life, as well as instructions for end-of-life pain management. Without a living will in place, family members may need to make decisions for you, and doctors may be legally responsible to perform procedures that you would not want. Our experienced attorneys will help you to set up a living will to take the burden off of your family and ensure that you are the one making these decisions.

When planning your estate, it is important to also plan on estate tax. Failure to consider these taxes may result in seeing less of your legacy going to your loved ones. Beneficiaries of your estate may be left with the responsibility of paying sizable taxes on their inheritance. An experienced estate planning lawyer from Carter DeYoung will walk you through all of the options of your will and help you to determine the best way to manage your estate.

Whether you've helped a family member in purchasing a house or simply given a monetary gift, there may be a tax implication. Factors like annual exclusions and the lifetime federal exemption may keep you from this tax liability. Speak with one of our estate tax planning attorneys to be sure to manage your gifts.

If you would like to avoid the process of probate in your estate, you can use a revocable living trust to better manage during life, as well as determine who will get your property when you die. Property left through a living trust can pass to beneficiaries without probate. You can change a revocable living trust as your situation changes throughout your life. Work with one of our experienced estate planning attorneys to set up and manage your revocable living trust and make changes whenever necessary.

With an irrevocable trust, terms cannot be modified, amended, or terminated. Though a helpful tool in estate planning, irrevocable trusts are a permanent decision and should not be entered into without extensive counsel from one of our experienced estate planning attorneys.

A special needs trust, also known as a supplemental needs trust, is a specialized irrevocable trust that allows the disabled beneficiary to enjoy the use of property that is held in the trust for their benefit, while at the same time allowing the beneficiary to receive essential needs-based government benefits. When setting up a special needs trust or supplemental needs trust, be sure to contact one of the special needs trust attorneys at Carter DeYoung.

A generation-skipping trust is a legally binding trust agreement in which the contributed assets are passed down to the grantor's grandchildren or later descendants rather than the grantor's children. Speak with one of our skilled estate planning attorneys to determine if a generation-skipping trust is right for you.

When it's time to apply for Medicaid and plan out your finances and long-term care expenses, it's important to protect your assets. By designing a thorough Medicaid plan to suit your needs, you can ensure security for your spouse and a legacy for your family. Hire one of our experienced Medicaid and elder law attorneys to help you and your loved ones make the right decisions when creating your Medicaid plan. Contact Carter DeYoung, Attorneys at Law, for all estate planning and estate litigation counseling services today.