ESTATE PLANNING / PROBATE

Estate planning saves your loved ones a great deal of money and frustration and delivers peace of mind. Bodner Shapiro Law Group can design a plan for the management of your property and health care in the event you become severely disabled or pass away. As your estate planning counsel, we can help you with wills; conservertarships; advance health care directives, powers of attorney and other estate planning documents.

Wills

Most people are not aware that they need a will and, as a result, the majority of us don't have one. People put it off for many reasons, but it's important to know that writing a simple will is usually neither complicated nor expensive. Once it's done, you can rest a little easier, knowing that your wishes will be followed.

A will allows you to specify many details relating to the transfer of your property to selected beneficiaries. You can state how your property should be divided, provide for your loved ones and/or favorite charity, determine who will receive your heirlooms, set up trust funds and nominate a guardian for your minor children. The use of a will can save expense and help to avoid emotional stress during the distribution of your property after your death.

If you fail to write a will before your death, the distribution of your estate will be decided by state law or by the courts. Generally, your property will be distributed to your spouse and children or, if you have neither, to other immediate relatives, according to a predetermined legal formula provided by the state law. If no relatives can be found to inherit your property, it will go to the state.

Other instruments that people typically obtain along with their wills are an advance health care directive and power of attorney. An advance health care directive is a written document instructing how you want your health care managed if you become incapacitated and unable to speak for yourself. A power of attorney appoints someone of your choosing to manage your property and sign legal papers for you if you become severely incapacitated.

Conservatorships

When a person becomes incapacitated and requires help with managing his own affairs, appointing a conservator becomes necessary. Conservatorship is a legal mechanism by which the probate court appoints a substitute decision-maker for an individual who is determined to be incapable of managing his or her own financial or personal affairs. In Connecticut, a conservator of the estate supervises financial affairs, including, among others, caring for property, managing bank accounts and ensuring the safe handling of the person's income. A conservator of the person supervises personal affairs assuring that the person's basic needs, including food, shelter, clothing and health care, are met. Conservatorships are under the jurisdiction of the local probate court. There are voluntary and involuntary conservatorships, and application procedures differ depending on the type of a conservatorship sought.

Our law firm is frequently called by the local probate courts to serve as a conservator for an incapacitated person or an attorney for an incapacitated person who is sought to be conserved. Building on the strength of our experience, our firm can offer expert yet compassionate advice for families and individuals considering a conservatorship. We can advise you regarding the best solution for your personal situation, and whether a conservatorship or some other legal alternative would best suit your needs.