Will, Estate, and Trust Services

At Capital Street Law, we understand the importance of planning for the future and ensuring that your assets and loved ones are protected. Our experienced team of estate planning lawyers is dedicated to providing comprehensive legal guidance in wills, estates, and trusts. We work closely with our clients to develop personalized plans that reflect their wishes, protect their assets, and provide for their families and beneficiaries.

Estate Planning:

Our lawyers assist individuals and families in creating comprehensive estate plans tailored to their unique circumstances. We guide you through the process of drafting wills, establishing trusts, and implementing other essential estate planning documents. Our goal is to minimize potential disputes, reduce tax liabilities, and ensure the smooth transfer of assets to your chosen beneficiaries.

Will Drafting and Probate:

We provide professional will drafting services to ensure that your final wishes are clearly and legally documented. Our lawyers work with you to understand your objectives and create wills that address your specific concerns. We also offer guidance on probate matters, assisting executors and beneficiaries in navigating the probate process efficiently and effectively.

Trust Formation and Administration:

We help clients establish various types of trusts, such as revocable living trusts, irrevocable trusts, and special needs trusts. Trusts can offer numerous benefits, including asset protection, privacy, and avoidance of probate. Our lawyers provide guidance on selecting the right type of trust for your needs and assist in the proper administration and management of trusts.

Express Trust: This is a trust created intentionally by the settlor (the person creating the trust) through a written trust document or a will. The express trust can be established during the settlor's lifetime (inter vivos trust) or upon their death (testamentary trust).

Family Trust: A family trust is created for the benefit of family members, such as spouses, children, or grandchildren. It is commonly used for estate planning purposes, asset protection, and wealth transfer within the family.

Testamentary Trust: This type of trust is established through a person's will and comes into effect upon their death. Testamentary trusts are often used to provide for minor children, and individuals with disabilities, or to control the distribution of assets over time.

Living Trust: Also known as an inter vivos trust, a living trust is created during the settlor's lifetime. It allows the settlor to transfer assets into the trust while maintaining control over them during their lifetime. Living trusts can be revocable (modifiable) or irrevocable (non-modifiable).

Charitable Trust: A charitable trust is created for charitable purposes, such as supporting a specific cause, funding research, or advancing education. It allows individuals to donate assets or funds to a charitable organization and receive potential tax benefits.

Special Needs Trust: This type of trust is established to provide for the financial well-being of an individual with special needs or disabilities. It is designed to supplement government benefits and ensure that the beneficiary's needs are met without jeopardizing their eligibility for social assistance.

Discretionary Trust: In a discretionary trust, the trustee has discretion in determining how and when to distribute the trust assets to the beneficiaries. This type of trust allows flexibility in distributing income or assets based on the beneficiaries' needs and circumstances.

Spendthrift Trust: A spendthrift trust is created to protect the assets held within the trust from the beneficiaries' creditors. It restricts the beneficiary's ability to transfer or assign their interest in the trust and safeguards the assets from potential financial risks.

Resulting Trust: A resulting trust arises when property is held by one person but is intended for the benefit of another. It occurs when a person holds property on behalf of another due to a presumed or implied intention.

Constructive Trust: Constructive trust is imposed by a court to prevent unjust enrichment or correct a wrongful act. It arises when someone holds property that they should not legally own, and the court imposes a trust to transfer the property to the rightful owner.

Estate Tax Planning:

Our lawyers are well-versed in estate tax laws and can help you develop strategies to minimize estate tax liabilities. We analyze your assets, assess your goals, and explore options such as gifting, charitable planning, and other tax-efficient methods. Our goal is to preserve your wealth and ensure that your loved ones receive the maximum benefit from your estate.

Estate Administration and Probate:

If you have been appointed as an executor or administrator of an estate, our lawyers can assist you in navigating the complex estate administration process. We provide guidance on asset valuation, creditor claims, distribution of assets, and other legal requirements. We aim to streamline the process, minimize disputes, and ensure compliance with all legal obligations.

Guardianship and Conservatorship:

Our lawyers offer guidance on guardianship and conservatorship matters for individuals who are unable to manage their own affairs due to incapacity or disability. We help families establish legal guardianships to protect the interests and well-being of minors or incapacitated adults. We also assist in conservatorship proceedings to manage the financial affairs of individuals in need of assistance.

Estate Dispute Resolution:

In the event of estate disputes or contested wills, our lawyers provide experienced representation to protect your interests. We strive to resolve disputes through negotiation and mediation, but we are prepared to litigate if necessary. Our goal is to protect your rights, preserve the integrity of your loved one’s wishes, and seek a fair and equitable resolution.

At Capital Street Law, we are committed to providing comprehensive will, estate, and trust services tailored to your specific needs. Our experienced lawyers are here to guide you through the complexities of estate planning, ensure your wishes are honored, and protect the interests of your loved ones.

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