Areas of Practice

Probate & Estate

The professionals at Horspool & Horspool, Attorneys at Law will assist you in the probate and administration of estates.

Probate Proceedings

Proceeding with a Will
A decedent's Will may need to be probated with the Probate Court and the named Executor will be appointed the right to manage the estate through gathering all of the decedent’s assets, paying off the decedent's debts and then distributing the decedent's remaining assets according to the terms of their Will.

Intestate Proceeding: No Will
If a person dies without a Will, a member of their family will need to petition the Probate Court for an Administrative proceeding. The deceased's assets will be distributed according to the laws of intestacy, which is usually to the decedent’s spouse and children, or in some cases, to the decedent’s next of kin.

Will Contests
There are situations where a person does not have the capacity to create a Will, or sadly they were influenced to create a Will by a second party that did not have their best interests in mind. In these situations, a spouse, child, or other relative can contest a Will. Will contests can be a very difficult process to go through. As experienced attorneys, we and our staff can assist you through it. Call us today for more information.

Back To Top ↑

Estate Planning

Our trusted attorneys are experienced in helping clients with their individual estate planning needs.

Last Will and Testament

Your Last Will and Testament is a legal document that ensures your wishes are followed after your death. This means your assets will be divided according to what you want, and will appoint guardians for your children should you have any. You will name an executor in your Will who will manage the dividing of your assets. If you happen to pass without a Will, your assets will be divided according to the laws of intestacy. These laws are a guideline to determine which of your family members will inherit your money. If you are ready to sit down and create a Will, our knowledge attorneys are here to help you in this sometimes emotional and difficult process. Call us today.

Power of Attorney

Financial Management
A Power of Attorney for financial management legally allows you to appoint another person to act in your place for financial and legal transactions. With a general power of attorney, the appointed person can act on your behalf as soon as you have executed the document, or for a specific time and/or purpose. With a durable power of attorney, the appointed person can either act on your behalf as soon as you have executed the document, and allows them to continue to act should you become incapacitated, or only when you become incapacitated. Your agent will have a fiduciary obligation to make sure they represent your best interests.

Should you become incapacitated and not have a Power of Attorney in place, your family would need to file a Petition for Conservatorship with the Probate Court in order for them to be appointed as your conservator. The cost of having to petition for a conservatorship can cost thousands of dollars, proving just how important it is to have a Power of Attorney in place.

Advanced Health Care Directive

This legal document allows you to appoint someone who will make medical decisions should you become unable to do so yourself. You will be able to specify the level of life sustaining treatment you would like to receive in the event you cannot make the decision yourself. Your health care agent will be able to make your medical decisions within the limits of your Advanced Health Care Directive.

Trusts

When you make a trust, you are creating a legal entity that will be able to manage your assets while you are living and after you have died. It allows your estate to avoid probate. Trusts can be difficult to understand but they allow you to do so many important things, such as preserve money for your children, avoid probate, protect against estate taxes and in certain situations keep a nursing home from taking your money. Call us today to learn more about trusts and how they can help you!

Back To Top ↑

Conservatorships

There are people who need legal protection even though they may be older. Such individuals could include those who have been injured in an accident, someone who has become incapacitated because they are elderler or due to an illness, or someone who has a condition that causes them to need care from others. For these individuals, a conservatorship may be the best thing for them.

A conservatorship is a legal option that places someone, known as the conservatee, under the protection or supervision of another person, known as the conservator. A conservator makes the health care decisions for the conservatee and ensures that their physical needs are being met. The conservator may also manage the property the person owns. Generally, a conservator is a family member, friend, or someone chosen by the court.

Back To Top ↑

Guardianship

A minor may be in need of a guardian if the minor no longer has living parents, or the parents can no longer provide for the minor’s needs, or may have abadoned the minor. Should a minor need a guardianship and their parents are still living, their parents may still be responsible for supporting their child financially and may not always forfeit their parental rights. Minors requesting guardianship may consider this option because their parent cannot provide them with shelter, does not make enough of an income, suffers from an illness or injury, or has become incarcerated.

Simplify the Process. Contact Horspool & Horspool today!

If you need to take over the handling of an estate, contact a lawyer at Horspool & Horspool by telephone at 800-514-5903 to schedule an initial consultation. We look forward to hearing from you!

Back To Top ↑

Elder Law

At Horspool & Horspool, Attorneys at Law, we understand just how complex Elder Law can be. With strategic methods and years of experience, we can help you with all of your elder law legal needs.

Nowadays seniors are living longer and longer. Because they are living longer, there are new legal concerns that need to be addressed for their well-being. Not only will they need a Will and Estate Planning, but they will need to have a plan in place for where they will live, medical costs in case they become ill or can no longer take care of themselves, and what they want done should they become incapacitated. If they ever wish to be provided with long-term housing, they will need to make sure they have the funds for this option.

With more and more seniors going into long-term housing, new legal concerns have been created for senior living communities to be aware of; such as contract rights, the power their facility may have when it comes to discharging a patient, knowledge on long-term care insurance, and any government benefits their resident may be entitled to.

For more information about elder law, check out the website Elder Law Answers and then call us at 909-792-9660 for legal assistance you can count on.

Back To Top ↑

DISCLAIMER:
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.