Wills, Estate, and Trust Law

Probate Court is where matters pertaining to wills, estates, trusts, guardianships and conservatorships are managed. Because of the very private and personal nature of such proceedings, the documentation needed can be intimidating. But, the process need not be stressful. Contact Scott Irvin Brear for assistance in resolving these sometimes stressful processes.

Protecting your loved ones

Guardianship- As a county-appointed attorney for juvenile dependency cases Scott is well acquainted with the legal issues pertaining to guardianships. Transferring parental responsibilities can be a lengthy process due to the consideration of multiple factors. Knowledgeable representation is in the best interest of a child or adolescent. Conservatorship- A probate court can assign conservatorship responsibilities to a spouse, domestic partner, adult child, parent, sibling, or court appointed guardian. Whether a conservator of a person or an estate there are key legal documents and procedures to understand. The process can be complex and frequently carries with it a long term responsibility. Wills- The creation of a will can bring lasting benefits to one's heirs, because such a document is designed to clearly establish succession rights in property left behind. The alternative, provision of no will (intestate succession), on the other hand, provides for survivor benefits based upon a very strict state-established formula. Under this scenario, property may be divided equally regardless of how you might otherwise prefer. If you want to control how property is divided after departure, a will should be a key part of your life plan. If you have more than a minimal estate, then a family member must go to probate court to "settle" the estate through a complex multi-step process. Trusts- The advantages of establishing a trust are manifold. There are several types of trusts for various purposes. A trust can avoid the need for a probate court and, in some situations, the need for a conservator. As such, a trust can minimize the time your loved ones spend in the court legal process. In addition, as the trust is a "living" entity, it can survive multiple generations continually providing for beneficiaries from the trust assets and income. Estate plans- Creating or reexamining an estate plan for your property? Scott Irvin Brear can assist in the creation or revision of wills, trusts, property ownership, beneficiary designation as well as power of attorney appointments.