Helping you age on your terms.
M.E. Roberts Law can help you with many services relating to elder law, including:
Trusts and Estates
The experienced attorneys at M.E. Roberts Law can assist you in successfully mapping out your family’s future. We will work with you to effectively plan your estate, draft wills, create trusts, and implement creative tax strategies to ensure your family’s future will be secure after you have passed.
Wills
Creating a will—often known as a Last Will and Testament—directs beneficiaries and the Courts on how you wish your assets to be handled after your death. These assets may include real property, personal property, and other types of assets. A well-executed will often limits the number of disputes that may arise after your death. It enables you to prevent conflict by leaving no doubt as to how you wish your assets to be distributed. Wills are not only for wealthy people, older adults, and sick people. If you want to control your asset distribution after your death, a Will is right for you. The attorneys at M.E. Roberts Law will help you draft an air-tight will that is best for you.
Probate
Probate is the legal process for the general administration of a deceased person’s will or the estate of a deceased person without a will, also called “intestacy.” The probate process also determines whether a will is valid and authentic. If an executor is named in the will, a court will appoint this person to administer the probate process. The probate process involves collecting the assets of the deceased person, paying any liabilities on the person’s estate, and distributing the remaining assets to beneficiaries. The attorneys at M.E. Roberts Law can assist you in navigating the administration of the probate process.
Estate Planning
Estate Planning allows an individual to set their family up for success upon their death. While no one wants to anticipate their own death, effective estate planning allows an individual to arrange for the management and disposition of assets during their life and after their death. Expert estate planning allows an individual to minimize gift, estate, and income tax. Show your family and loved ones that you care and are planning for their future wellbeing by putting together an estate plan.
Estate Administration
An individual’s estate includes all of his or her possessions after they die. When a person dies, their real estate, money, stocks, and personal belongings all become part of a person’s estate. Administering the estate includes collecting and managing assets, paying off any remaining debts, collecting payments to the estate, and making distributions to any remaining heirs. Heirs are named in the will, and if there is no will, they are determined by the state’s intestacy laws. Administering an estate can be overwhelming, whether it is due to the emotional toll of losing a loved one or because of the added responsibility to your already busy life. The attorneys at M.E. Roberts Law have significant experience in administering estates. They will help you navigate the frequently challenging issues involved with effective estate administration.
Trust Administration
Trust Administration refers to the Trustee’s management of trust property according to the terms of the Trust. Once a Trustor establishes a Trust, the named Trustee is required to manage the Trust according to all the Trustor’s terms. There are many steps necessary to safeguard the effective administration of a trust, and M.E. Roberts Law will be happy to help.
Powers of Attorney
M.E. Roberts Law specializes in drafting and executing Powers of Attorney. Powers of Attorney are written, legal authorization for a person to represent you or act on your behalf in private affairs, business, or other legal matters. They can further be used when you want your agent to have the power to act for you if you become incapacitated and can no longer speak for yourself. Each Powers of Attorney can be tailored to the specific rights you would like to entrust to someone. The attorneys at M.E. Roberts Law can assist you in facilitating this process to ensure that the Powers of Attorney are properly effectuated.
Advance Directives
An Advance Directive is used to document who you want to make healthcare decisions for you if you are unable to do so for yourself. These directives can outline the types of medical treatment you do or do not want, especially ones used in an emergency or towards the end of life. Everyone has the right to make decisions regarding their personal healthcare. Allowing the experienced attorneys at M.E. Roberts Law to draft an advance directive for you can ensure that you have documented your preferences for medical treatment, and appointed a trusted so that if you cannot express them yourself, your specific wishes are recorded, and a trusted individual can carry out those decisions for you.
Guardianship
Guardianship is a legal process used to protect individuals incapable of caring for themselves due to infancy, incapacity, or disability. The guardianship process can be taxing and stressful for many individuals. Not only can it be stressful for the individual for whom the guardianship is concerned, but also for the individual’s family members. Allowing the experienced attorneys at M.E. Roberts to handle your guardianship proceeding will ensure that a trusted individual is appointed a Guardian to look after your loved one.
Fiduciary Income Tax
Fiduciaries of trusts and estates are treated differently for federal income tax purposes. Generally, any income distributed by the trust or estate fiduciary during the tax year is not taxable to the trust or estate. Instead, that income is taxable to the beneficiary. Any income not distributed by the trust or estate fiduciary during the tax year is taxable to the fiduciary. The attorneys at M.E. Roberts Law are experienced in working with the fiduciary income tax and navigating how to file taxes accordingly.
Premarital Agreements
Premarital Agreements, also known as prenuptial agreements, are written contracts entered into by couples before marriage. These agreements enable couples to select and control many rights they acquire upon marriage. Premarital agreements also allow couples to manage their rights and determine what happens should their marriage end in divorce. Many default marital laws that apply upon divorce, but these agreements allow couples to govern decisions that would otherwise be governed by default laws, such as division of property and the right to seek alimony. The attorneys at M.E. Roberts Law are experienced in drafting these agreements to provide a sense of individual comfort to couples before entering into marriage.
Litigation
While we strive to settle any dispute through means other than litigation, unfortunately, there are some cases where the only resolution is litigation. The attorneys at M.E. Roberts Law are experienced in handling contested guardianships, will caveats and contests, several types of trust challenges and misconducts, misconduct of attorneys-in-fact, and several other types of litigation matters. While the attorneys at M.E. Roberts Law pride themselves on their abilities to resolve matters without litigation, we are equally able to litigate to achieve desirable outcomes.