Estate Planning & Probate

Estate planning documents like wills and trusts outline who receives what when someone passes away, but simply naming beneficiaries isn't always enough for strong asset preservation. At Maitland & Stiffler, we help clients make thoughtful decisions in estate law and asset protection, working with you and the estate’s administrator or trustee to find legal solutions.

Protecting assets from creditors and others who may have claims against the beneficiary is crucial. Unexpected financial hardships, such as overwhelming debt or the cost of divorce, can threaten an inheritance. Setting up trusts, such as revocable, irrevocable, special needs, or educational trusts, offers a flexible and durable way to protect assets from unexpected loss. Additionally, we guide you through gifting options to ensure estate gifts are handled appropriately, minimizing taxes and fees to preserve the total value of the inheritance.

Planning to give money or property to a beneficiary other than your spouse can trigger estate gift taxes at both federal and state levels. Without proper planning, your beneficiaries might face significant tax burdens. We provide personalized service and skilled representation to help you navigate these complexities.

Our team, including attorney Michele Lynn Stiffler with her LLM in taxation, guides you through various strategies to minimize estate gift taxes. Utilizing trusts, we ensure assets are transferred responsibly, protecting them from heavy taxation and ensuring long-term preservation. This is especially beneficial for safeguarding the needs of family members or designating funds for specific purposes, such as a child's education.

Probate and Estate Administration

Navigating probate can be complex and emotionally challenging. Our experienced probate administration team is here to protect your rights and honor the wishes of your loved ones. While probate can be costly, time-consuming, and public, we strive to make the process as smooth and efficient as possible.

We help manage creditor claims, represent heirs and beneficiaries, prevent personal liability in asset distribution, and handle property transfers and notifications. We also establish survivor trusts, file estate taxes, and work to minimize tax burdens. In case of disputes, our attorneys have significant litigation experience to represent your interests in will contests, trust contests, and cases of misappropriation or undue influence.

Using a trust for estate planning is a valuable tool to preserve assets and manage them for heirs and beneficiaries. Simply giving someone a lump sum of money or property can lead to significant tax burdens and financial responsibilities. A trust allows a trustee to manage and distribute assets responsibly, ensuring they are used for specific purposes, such as education, and protecting the beneficiary’s right to receive government benefits.

Types of Trusts

We handle various types of trusts to meet your specific needs, including:

• Irrevocable Trusts: Permanently transfer assets out of your estate, offering tax benefits and protection from creditors.
• Revocable Trusts: Allow you to retain control over assets during your lifetime and modify the trust as needed.
• Special Needs Trusts: Provide for the care of a loved one with disabilities without affecting their eligibility for government benefits.
• Educational Trusts: Ensure funds are used specifically for educational purposes, helping beneficiaries achieve their academic goals.

Responsibilities as a Trustee

Trustees have significant responsibilities, as they must act in the best interests of all beneficiaries and administer the trust correctly. Errors or unmet expectations, even if accidental, can lead to liability. Reliable representation from an experienced trust attorney is essential for personal protection and the proper administration of the trust.

Handling will contests and estate litigation can be challenging and emotional. When someone passes away and their estate planning documents are unclear, signed in haste, or possibly procured through fraud, disputes can arise. We are dedicated to upholding our clients' rights and ensuring that all parties meet their legal responsibilities while uncovering the true intentions behind the estate planning documents.

Challenges to an Existing Will

Will contests often stem from concerns that a loved one was taken advantage of or that their wishes are not being properly carried out. These disputes can be brought by anyone, not just family members. We represent beneficiaries, heirs, trustees, or anyone else involved in challenging a will or defending an estate against such challenges. Our tailored approach ensures that our clients' specific needs and goals are met.

Resolving Disputes in Probate

While avoiding probate is ideal due to its cost and length, many will contests end up in probate court. Heirs, beneficiaries, estate executors, and administrators often have conflicting goals and responsibilities. In these cases, having a knowledgeable lawyer on your side is crucial. We understand the laws that apply to these cases and advocate for your rights to ensure a fair resolution.

Planning for your family’s future can be stressful, but our attorneys work to relieve that stress by helping you protect your family and finances for any situation. With extensive experience in estate planning and estate law, we handle all aspects of creating thoughtful and comprehensive documents tailored to your needs.

Whether you're starting a new family, planning a significant life event, or creating a trust for your children or grandchildren, we develop a personalized plan to meet your specific requirements. Our services include drafting wills, revocable trusts, living wills, health care powers of attorney, and durable powers of attorney.

We go beyond just meeting your goals; we stay in touch to ensure your expectations are exceeded. Estate planning involves critical decisions, and our attention to detail ensures your plan is compatible with your family's needs and lifestyle. Let us help you create a secure and thoughtful estate plan.