wills + trusts

When most folks think of inheritance, the first thing that usually comes to mind is a last will and testament- and they are right. A simple will forms the backbone of any basic estate plan. Our office strongly discourages the use of online services and software to draft your will, trust or other estate planning documents for a multitude of reasons. The fact is that a good will does not have to be expensive! With the help of an experienced and trustworthy lawyer, you can easily and clearly establish your intentions through the use of a will or trust so that your wishes are followed after you die. One of our favorite community segments to work with are newly minted parents with young children. Working with young families is very exciting because we can utilize our knowledge base and creativity in structuring your testamentary gifts so that your children will be both protected and encouraged to use their inheritance for useful things such as education or funding a business.

conservators + guardians

Some adults with age-related mental health issues (such as dementia) may lack the capacity to make decisions for themselves regarding health and property. Similarly, minor children and adults with other mental health challenges may lack the legal capacity to make those same financial decisions, own property or provide consent to health care providers. Conceptually, persons can plan for the future by executing powers of attorney while their cognitive health is intact. But where a person did not or could not designate an agent in advance through estate planning, it may be necessary to ask the court to appoint someone to manage that person’s assets and health care matters. Guardianships and Conservatorships are lifelong undertakings that involve yearly filings and a deep understanding about the process. When faced with this situation, it is important to hire a knowledgeable and experienced attorney that can assist with this difficult task and minimize the impact on the persons involved.

powers of attorney + directives

A durable power of attorney names a person to stand in your shoes with regards to your finances in case you become too sick or unable to manage them for yourself. Similarly, a health care durable power of attorney (i.e. “health care surrogate” in FL) names a person to act for you in your health related matters at a time when you can’t do so for yourself. This includes bypassing privacy rules and gaining access to your medical records, having the power to speak to doctors and direct your treatment plan, and managing your health insurance. While the law establishes a hierarchy for such decision-makers in case of an emergency, the only way to trigger that mechanism is via filing an expensive action in court. Executing a power of attorney in advance means that your decision-maker is chosen and ready to go at a moment’s notice should disaster strike thereby saving you and your loved ones the aggravation and expense of going to court to have a guardian or conservator appointed for you.

real estate closings / TITLE

The purchase or sale of a home can be the largest and most important transaction in a person’s financial life. There is no better time to hire an experienced title attorney who will be on your side at every step of the way.

The settlement process can be difficult, especially when complicated title items need to be cleared for the transaction to close, and an experienced title lawyer can fight for you and your rights so that you obtain the best results. If you are a buyer, a seller, a real estate agent, or a lender looking to fortify your position during the purchase or refinance of a parcel, hiring a lawyer to handle the title work is the best option. Our office has experience with both residential and commercial deals.

probate (estate) administration

The probate division of a court deals with mental health matters and inheritance/estate distributions. This court is responsible for sorting out a decedent’s assets and debts after they die and ultimately issuing an order of distribution so that property is distributed according to their will/trust or the state’s laws of intestacy (in case they died without a will). This court also hears challenges to a will or trust by interested persons believing that the document should be tossed. Hiring a good lawyer that is familiar with state and local probate procedures to help you navigate through the administration of a loved one’s estate is invaluable. A good probate lawyer will do everything possible to meet with clients during their lifetime, review their assets and thereafter advise on the preparation/execution of documents such as wills, trusts, deeds, directives and beneficiary designation cards in order to minimize the possibility of a long, expensive and arduous probate process after the client has passed away.

guest speaking

Ramon A. Cue, has served as adjunct faculty member at Nashville State Community College and he is passionate about teaching others and breaking down legal concepts for lay persons to better understand. Ray is available to speak at your next event about current issues in estate planning, real estate, probate administration, conservatorships, guardianship, entrepreneurship and the general state of the practice of law.