Learn about how we can assist with your will, estate or trust needs

A will directs who will receive your property at your death and it appoints a legal representative called a personal representative to carry out the terms of your will. Another tool to consider is a living trust.

One main difference between a will and a trust is that a will goes into effect only after your death, while a trust takes effect as soon as you create it. You can continue to maintain control over your trust as “Trustee” while you are living –a Living Trust. A trust can be used to begin distributing property before or after death. Upon your death, a successor trustee, named in your trust takes over to administer your trust for your named beneficiaries.

Do I have to go to court with a Will and Trust?

Another difference between a will and a trust is that a will must go through probate to be administered by your personal representative.  A probate is a court process under court supervision to distribute your property, after notice to all creditors and beneficiaries.  A trust does not have to go through a probate process to take effect or distribute property. Whether a will or a trust is right for you should be discussed with Mrs. Pelosi.

For more information, please complete the “Contact Me” form and submit or call the office direct line provided on this website.

What else do I need to think about to plan my estate?

Health Care Surrogates, Living Wills and Durable Powers of Attorney:

You should consider designating someone to handle your health care decisions with a health care surrogate designation along with a HIPAA Release so health care providers can discuss your health care with your surrogate, if you are not able. To give yourself and loved ones’ peace of mind, a living will can express your wishes should you have an end stage or terminal condition so they do not have to make the difficult decisions. If you should become incapacitated, a durable power of attorney executed ahead of time may alleviate the concern and cost of having a court make a decision about who to appoint to handle your affairs.

Collaborative Law is an Alternative to Probate Disputes:

The Collaborative Law Process Act can be used to settle disputes involving families in an estate or trust proceeding whether or not litigation has been started. The use of trained collaborative attorneys, and the use of neutrals for financial or communication issues which may be hampering your ability to get issues resolved can be employed to avoid the financial strain of litigation.