If you have been named as the Personal Representative or Executor for an Estate and you think a Probate may be necessary, please contact Attorney Michael K. Pence. It is important to understand the Probate process and your fiduciary duties as the Personal Representative or Executor.

PROBATE AND ESTATE ADMINISTRATION AND LITIGATION

Probate administration is the process where a Court oversees the administration of a deceased person’s estate.  A person may have died with a Will which named an individual to act as Executor giving this person the same powers to act as if the decedent were still alive.  A person may have died without a will, which is also called intestate, where the Court will appoint an Administrator giving this person the ability to handle the decedent’s affairs.

Michael K. Pence represent clients in Will and Trust litigation, including assisting Executors with initial proceedings, appointing administrators, contests, interpretation of estate planning documents, trust termination, and trustee removal.  He also assists individuals with wills and healthcare advanced directives (Living Wills, Durable Power of Attorney, Durable Power of Attorney for Healthcare).

CONSERVATORSHIPS AND GUARDIANSHIPS

A conservatorship/guardianship is a court-supervised process that occurs when a person is incapacitated and unable to manage their own financial affairs, make medical decisions, or care for themselves or a minor child (guardianship).  The court will consider all alternatives to imposing a conservatorship, make a determination as to whether a conservatorship is necessary, and in the event the court determines that a conservatorship is required, appoint a conservator.  The conservator is the fiduciary and must understand the responsibilities, duties and the legalities that come with being a conservator.  Mr. Pence represent clients in establishing conservatorships/guardianships and as counsel to the conservator/guardian throughout the existence of the conservatorship/guardianship and any related litigation that may arise.

It is important to understand when a person is nominated as Executor of an Estate (i.e. the person responsible for administering the Estate) there are many fiduciary duties that need to be met.  Michael K. Pence can be counted on to make sure that the personal representative or executor complies with all of those duties. He understands this is a difficult time and will provide his knowledge and experience to help every step of the way.