by Durham Law Firm | Nov 30, 2017 | Estate Planning, Probate
The estate of someone who’s passed away is adjudicated in probate court. The will and other documents are entered into the record. The executor goes through the process of identifying the creditor with a claim against the estate. Before any assets distributed to the...
by Durham Law Firm | Nov 14, 2017 | Estate Administration, Probate
How much of your life is virtual? Do you know anyone who doesn’t have a computer, a tablet or a smartphone? Every email, every payment, every movie, every picture, every file in the cloud is a digital asset. What happens if you pass away and no one can retrieve them?...
by Durham Law Firm | Oct 17, 2017 | Estate Planning
There’s a lot to consider when you’re planning your estate. Asset distribution. Health care proxies. Power of attorney. Though you make the decisions, it’s your family who will carry them out. It’s important to meet with them and make sure they understand your wishes....
by Durham Law Firm | Oct 9, 2017 | Estate Administration, Estate Planning, Probate
The point of probating a will is to validate its legitimacy and allow the beneficiaries to gain access to their inheritance. Having the proper Will probated first is usually the best way to prevent a will...
by Durham Law Firm | Sep 13, 2017 | Estate Administration, Media, Video
So, from time to time I have some people who come into my office where someone is infirmed or recently passed and a loved one comes in and says, “I think this person was financially exploited.” Many times, they are legitimate. After investigation, we find that the...
by Durham Law Firm | Aug 15, 2017 | Estate Administration, Media, Video
So, someone has died. What do we do next? Well, we don’t start giving away their stuff and that is what people intuitively start doing. They say, “I’m the son, I’m the daughter, I’m the beneficiary named in the will. Here’s the will, let’s start handing out stuff.”...
by Durham Law Firm | Jul 18, 2017 | Guardianship, Media
So, what does a guardianship really entail? Well the first step is always the filing of a petition. A petition gets filed in court to initiate the lawsuit against the person you’re alleging to be incompetent. And usually it’s a daughter and son or another relative...
by Durham Law Firm | May 22, 2017 | Media, Video
So, a lot of people ask me after we complete an estate plan, what should I do with all these documents? How do I keep them safe and make sure my wishes are actually followed? We spent so much time putting them together, how do I make sure people actually listen to...
by Durham Law Firm | May 18, 2017 | Guardianship
Most people dealing with loved ones suffering from dementia, such as Alzheimer’s disease, will reach a point when they know their loved one is no longer able to make safe decisions for themselves. This is the point when appointing a guardian becomes imperative for the...
by Durham Law Firm | Apr 19, 2017 | Guardianship
Parental guardianship is a legal process where the court determines an individual is not capable of making decisions and needs protection. The elderly parent may have issues deciding on appropriate food and shelter, making decisions about medical treatments, or has a...