Probate

When someone dies with assets titled in their own name, their estate must be probated.

If they have a will, it will be submitted to the Probate Court for Administration. The Court will appoint the Executor named in the will to handle the affairs of the estate, which includes notifying all heirs, devisees and creditors, collecting and managing all estate assets, ascertaining and paying all legitimate debts, filing all necessary tax returns and obtaining court approval to distribute the remaining assets. If the deceased person did not have a will, the court will appoint an Administrator to carry out these duties.

There are certain time frames for filing notices, inventories, accountings and tax returns. Rice Law Office can assist you in the probate process by helping you identify the persons entitled to notices, making sure you file all the necessary paperwork in a timely manner, and providing advice on collecting, managing and disposing of all assets.

Guardianships

If someone is unable to take care of themselves due to minority, illness or mental disability, a Guardianship over the person or their estate can be established at the Probate Court. A guardian is only appointed if the court determines that the person is incapacitated, the guardianship is necessary in order to provide care, supervision or rehabilitation of the person or management of the person's property and financial affairs and there are no available alternative resources which would provide these services. The powers of a guardian are limited to the least restrictive means available to provide necessary care and oversight and to afford the protected person with the greatest amount of personal freedom and civil liberties consistent with his or her mental and physical limitations.

Guardianships are also necessary in some instances in order to accept a personal injury settlement or inheritance for a minor child.

Rice Law Office can assist you in establishing a guardianship, in filing the annual reports to the court, in terminating a guardianship that is no longer necessary or in restricting or expanding a guardian's powers based on changing circumstances.

Call Rice Law Office at (603) 528-5299.