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Danton C. Hejtmanek has been practicing law in the areas of Estate Planning and Probate for over 27 years. He assists clients in both the drafting of legal documents and the litigation process. Probate is the legal process by which a person's debts are paid and assets are distributed after death. Estate Administration includes the probate process as well as non-probate transfers of the deceased's assets. Mr. Hejtmanek has substantial experience in counseling clients on and drafting instruments related to:
Trusts
Wills and related documents
Power of Attorney
Probate
In addition to drafting estate documents, he has established himself as a litigator of matters relating to estates, trusts, guardianships, and conservatorships. As a litigator he zealously advocates for the rights of his clients. Due to his extensive expertise in this area, he is frequently appointed by the courts to represent veterans and minors as a guardian and conservator.
A. A Will is a recorded document that provides for the division of property after death. The drafter of the Will establishes how their property and assets will be divided when they have passed away. Wills are not probated until after the death of the deceased. hide
A. Probate is a court procedure that validates or invalidates a Will. Normally upon death all property, except property held in joint tenancy, life insurance policies that name a beneficiary, and retirement plans, are subject to probate. Probate is used to protect the estate’s assets until a proper division of property can take place. hide
A. Upon death you should not attempt to divide the deceased’s property. The spouse of the deceased or close relative should contact an attorney to determine what steps need to be taken. A lawyer’s role is to provide advice, explain the probate procedure, and answer any question the beneficiaries may have about the estate. hide
A. Yes. We recommend that everyone have a Will. Although all of your property is in joint tenancy with your spouse, your spouse may die before you and at that stage, everything would then be in your name and would be distributed upon your death according to the terms of your Will. hide
A. Yes. In addition to the answer above, a Will can direct who will take care of your minor children when both you and your spouse are gone. In your Will you may appoint a guardian to take care of the personal needs of your minor children and a conservator to handle the financial affairs of your minor children. Without such a provision, a court would make that decision for you. hide
A. Generally, no specific information needs to be gathered before scheduling an appointment. We can discuss the general information you will need for the preparation of your estate plan documents during the office conference. hide
A. Yes. A Power of Attorney gives authority for someone else to act in your place to handle general financial transactions. If something were to happen to you which would cause you to be disabled, your spouse would be able to carry on without the necessity of obtaining a court order to transact business on your behalf. hide
A. A Living Will is a declaration made by you letting others know that if the situation should arise in which there is no reasonable expectation of your recovery from extreme physical or mental disability, that you direct that you be allowed to die and not be kept alive by medication, artificial means, or heroic measures. hide
A. It is wise to have a document that gives the authority to someone else to make health care decisions if you are mentally or physically unable to do so. It is common that a spouse or one of your children be granted this authority in such an emergency situation in order to make certain that you will be properly treated. hide
