OUR PRACTICE AREAS
ESTATE PLANNING
While probate and guardianship are a large part of Adis Riveron’s practice, she also recognizes that both of these types of proceedings can, and should (whenever possible) be avoided.
There are a number of steps that a person can take during their lifetime in order to transfer their assets at the time of their death without requiring a probate proceeding. In many cases, transfers can be made inter vivos (a transfer or gift made during one’s lifetime), and these types of transfers can be simpler than most people realize. In some cases, probate proceedings can be avoided by using a trust.
It is recommended that everyone have a Last Will and Testament regardless of their circumstances. But there are some situations in particular where the absence of a Will can lead to unintended, and sometimes disastrous consequences. Some of these situations include unmarried couples, second marriages, and children from other marriages.
Guardianships too can be avoided by the use of certain documents intended to select a person or persons who can make medical decisions, financial decisions, and other decisions, on one’s behalf in the event that one should become incapacitated. If these documents are in place, the selected person will essentially be empowered to perform the role of a guardian without the requirement of a finding of incapacity by a court, and without a court overseeing the process. This is a simpler and more cost effective manner of having a loved one help you.
It is important to recognize that all estate planning decisions must be made while the person is still of sound mind and capable of making these important decisions themselves. The ability to make these decisions can best be described as a door that slowly closes during a person’s lifetime. Once that door closes, it is usually impossible to reopen it. If that happens, it is too late to begin making these very important decisions, and the person has no choice than to request the court’s assistance.
Because everyone’s situation is different, Ms. Riveron likes to spend a great deal of time with her clients in order to get to know them and their needs. Only then can she recommend the proper course of action, and the documents that would best accomplish the desired goals.
