Estate Planning & Probate

What exactly is Probate?

Probate is the wrapping up of a life, often a loved one's. Make it easier on yourself by retaining professional counsel as you mourn. Whether you are in the court process or looking to avoid it, Bonnie Cafferky can assist with:

• Meeting all court and tax deadlines
• Finding and identifying assets
• Moving items into Trust
• Trust administration
• Ancillary probates (when someone died owning property in another state)

How can CAFFERKY | RUSSO help with Probate?

• Simple Wills to be probated through the court
• Complicated Trusts to be administered privately

CAFFERKY | RUSSO offers services to both experienced professional fiduciaries and family members of the deceased. Bonnie can assist in the early identification of potential problems and help the fiduciary perform their duties effectively and efficiently. 

Impairment can come in many forms, from youth through disability to age-related dementia. If a child under age 18 inherits assets, or acquires money through a legal settlement, court action may be required to appoint a qualified adult to manage the funds on the young person’s behalf. The probate arena also handles matters involving lack of capacity.

Likewise, an adult who was at one time competent may become unable to make certain decisions on their own – perhaps due to mental illness, physical incapacity or some other disability. If the person doesn't have a valid Power of Attorney in place, a court proceeding may be required to appoint someone to make necessary decisions for such an individual. The court may appoint a Guardian who will make personal and healthcare decisions and/or a Conservator who will make financial and property decisions for the protected person.

Caring Counsel for a Complicated Process of Transition

CAFFERKY | RUSSO brings both experience and a culture of concern for the rights of the individual to each proceeding. We take care to counsel each client on their role and responsibilities – being a Guardian and/or Conservator is a position with significant accountability to the court.

Each state has its own terminology. In Oregon, a Guardian makes personal and healthcare decisions for the incapacitated person, while a Conservator makes financial and property decisions for the protected person. In California, by contrast, both fiduciary roles are referred to as Guardians. Their roles are distinguished as being “of the person” or “of the estate [funds].”