PRACTICEAREAS

Estate and Trust; Guardianship/Conservatorship

The death of a loved one can be overwhelming. Monroe Moxness Berg PA provides guidance to, and answers questions from, a surviving spouse or family member as to how to pay the decedent’s debts and distribute their assets. Estate administration can include filing an application or petition for appointment of a personal representative, gathering and inventorying the assets, notifying creditors, paying debts and estate taxes, and distributing the assets. We represent individuals in their fiduciary capacity as personal representatives or as heirs of the estate.

 

Monroe Moxness Berg PA also works closely with clients to administer trusts, including gathering and inventorying the assets, paying debts and taxes, and ultimately distributing assets. We represent clients in their fiduciary roles as trustees or as beneficiaries of trusts.

 

In cases when a loved one becomes incapacitated, whether because of cognitive decline (such as dementia or Alzheimer’s) or an injury in an accident Monroe Moxness Berg PA provides guidance to a spouse or family members on how to protect a loved one and address their finances. We help families petition the court to have someone appointed to make medical decisions (known as guardianship) and financial decisions (known as conservatorship).

 

A guardianship allows an individual to make medical decisions on behalf of another individual. It also allows a person to decide where the incapacitated individual should live and receive care. A conservatorship allows an individual to make financial and property decisions on behalf of another individual. It also allows an individual to apply for government benefits. Our attorneys and staff assist in petitioning the court for the appointment of a guardian and/or conservator, filing an inventory for a conservatorship and annual well-being reports for a guardianship. They help prepare and file annual accountings, remove assets when a minor becomes of age, terminate the guardian and/or conservator, and cancel any bond.

Our services include:

Administration of probate

  • Petition for appointment of personal representative
  • Inventory of Asset
  • Proper notice to creditors and interested parties
  • Notice to Commissioner of Human Services to address medical assistance liens
  • Preparation of final income tax returns and estate tax returns
  • Distribution or sale of assets, including real estate

Administration of trusts

  • Inventory of assets
  • Payment of debts
  • Preparation of fiduciary tax returns
  • Distribution of sale of assets, including real estate

Guardianship and/or Conservatorship

  • Petition for appointment of guardian and/or conservator
  • Inventory of assets
  • Annual accounting filing
  • Annual personal well-being report
  • Petitions to terminate guardianship/conservatorship, restore to capacity, or remove a guardian or conservator

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