In 2020, I received a frantic call from the mother of a 30 year old man who suffered a brain injury in a motorcycle accident. He was unconscious and his mother wanted him to be moved to a specialized rehabilitation facility as soon as possible. Since he was an adult, she did not have the required authority to move him unless she became his plenary guardian.
I told her I would help. Through my efforts, she was appointed guardian and he was promptly moved and thus got the treatment he needed. When he was well enough to take care of himself, I got his independent status restored.
Sometimes, a designated Trustee or Personal Representative fails to fulfill their responsibilities. In one of those situations, I represented a decedent’s two daughters who were the only beneficiaries of their father’s estate. Since the Trustee was not performing her duties, the daughters wanted her replaced by someone they knew and trusted. I was able to accomplish that goal. Thereafter, probate and trust proceeded in an appropriate manner.
I have handled many probates without a will and have almost always found them to be more complicated than those with a will. Often the applicable statutory distribution laws are not satisfactory to the beneficiaries and are not in accordance with the deceased pre-death wishes. I always recommend that everyone (even if the value of the estate is small) have a will. I routinely provide this service in a prompt, convenient and economical fashion.
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