Estate Planning and Probate FAQs

Jump to Frequently Asked Questions about Estate Planning and Probate

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.

What is a Will?

What is probate?

What should I do if someone close to me dies?

Everything I own is in joint tenancy with my spouse. Do I need to have a Will?

I have a spouse and minor children. Do I need to have a Will?

What information do I need to gather before scheduling an appointment to prepare a Will?

Would it be wise to name my spouse as my Power of Attorney?

What is a Living Will?

Should I have a Power Of Attorney for Health Care decisions?

What is a Will? Back to FAQs

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.

What is probate? Back to FAQs

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.

What should I do if someone close to me dies? Back to FAQs

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.

Everything I own is in joint tenancy with my spouse. Do I need to have a Will? Back to FAQs

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.

I have a spouse and minor children. Do I need to have a Will? Back to FAQs

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.

What information do I need to gather before scheduling an appointment to prepare a will? Back to FAQs

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.

Would it be wise to name my spouse as my Power of Attorney? Back to FAQs

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.

What is a Living Will? Back to FAQs

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.

Should I have a Power Of Attorney for Health Care decisions? Back to FAQs

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.