Estate Law
Probate
Probate is the legal process that occurs after an individual’s death wherein assets are distributed, and debts are settled.
When an individual dies with a Will, a judge will authenticate the document and appoint the named Personal Representative to administer the assets and debts of the estate and to pay applicable taxes.
Probate can still occur when an individual passes away without a Will.
Nebraska statutes determine how the individual’s estate will be distributed to heirs. The judge will appoint a Personal Representative to manage the assets, debts and taxes associated with the estate. Anyone can petition to become the Personal Representative of your estate if you do not appoint a Personal Representative in a Will.
We help family members and loved ones during the probate process from beginning to end, whether or not there is a valid Will in place.
Estate Planning
Simple estate plans consist of a Living Will, a Power of Attorney, and a Last Will and Testament. These three documents tell your loved ones and the courts how your life and assets should be handled before and after your death.
We recommend that you update your estate planning documents any time you face a major life event such as marriage, divorce, or the birth or death of loved ones. At the minimum, you should review your estate plan every three years to ensure it still aligns with your wishes.
At McGill Law, we have your best interests in mind for any and all major life events you might be experiencing. Give us a call to discuss changes to existing estate plans or to create an estate plan that will protect you and your children for many years to come.
Small Estate Affidavit
A small estate affidavit is used to administer the assets of a ‘small’ estate to heirs without going through the probate process.
Typically, small estate affidavits are used when there is no Will but may still be an option depending on the assets and debts of the estate.
There are certain rules regarding small estate affidavits that our attorneys can discuss with you to determine an estate’s eligibility to proceed with a small estate affidavit.
Guardianship & Conservatorship
When a family member or loved one is unable to make responsible decisions about their finances, property, living situations or care because of their age, physical or mental condition, a petition can be filed with the court to appoint a Guardian or Conservator, giving them legal authority to act on behalf of the ‘ward’.
It is important to ensure these arrangements and documents are properly prepared. We are here to help in the difficult times when loved ones can no longer care for themselves.