Browse Category by Probate Law
Probate Law

Protect Your Loved Ones With a Guardianship Attorney

In a perfect world, every adult would plan for the possibility that they may become incapacitated and sign proper powers of attorney. However, many people are unable to do this and need to go through the guardianship process to protect their loved ones. A skilled Chicago IL Guardianship Attorney can guide you through each step of the process, including filing paperwork with the court, meeting requirements set by the judge, and complying with all rules and procedures.

Legal guardianship gives a person, called a “ward,” full or limited authority over a disabled or elderly individual’s personal and financial affairs. The scope of these affairs can include medical and mental health, property, legal documents, debt payment negotiations, or long-term care plans. Guardians must make important decisions on a daily basis and are responsible for making sure the ward receives appropriate care, attention, and supervision.

A legal guardian can be a parent, grandparent, sibling, close friend, or any other adult over the age of 18. Guardians must visit the ward at least four times a year, provide them with food and shelter, attend to their medical needs, ensure their safety, and prudently manage their finances. The guardian is also required to file annual reports with the Court.

The process of establishing a legal guardianship begins when a petition is filed with the court by a family member, spouse, or Social Services agency. The petition must describe the alleged incapacity and specify who is seeking guardianship. A judge will review all information and interview the alleged incapacity person, or “respondent.” The Court will appoint an attorney for the Respondent, or an attorney ad litem to represent their interests.

In most cases, the Respondent will agree to a guardianship. If not, the judge will hold a hearing and determine whether the guardianship is in his or her best interest. A skilled NYC Guardianship Lawyer can help you establish a guardianship for your loved one.

A guardianship can be terminated if the Respondent proves that they no longer need the protection of the Court. It can also be terminated if the guardian cannot fulfill their responsibilities or if the Court finds that they are unable to serve in their capacity.

If you are a parent or other family member who has been granted guardianship of a minor child, the Brooklyn Guardianship Attorney at The Law Offices of Kate Curler can help you understand your rights and options. She can assist you in navigating the complex legal process, and will fight to ensure that your child’s best interests are served. She can also help you establish a guardianship for an elderly relative or a disabled individual. To learn more, schedule a consultation with our firm today. We proudly serve clients throughout New York City and surrounding areas.

Probate Law

What Does a Probate Lawyer Do?- Read On!

What is the Difference between a Probate and Estate Planning Attorney? While both estate and probate planning attorneys typically practice in the same field of the law, they do have some different differences. An estate planning attorney generally deals with the legal process of estate management after someone dies. An estate attorney will also help establish who will receive the deceased person’s property in the event of a probate court decision. In short, the probate and estate planning attorney will work to complete the formalities of how a person’s property will be distributed when that person dies.


There are certain characteristics that all Miami probate law attorney must have in order to practice in this area of the law. For starters, any good estate or probate lawyer should be a certified public accountant. That means that he or she has been educationally certified and has passed the state bar exam. They should also have several years experience in a similar field as the client and be familiar with the local probate laws. Finally, any attorney in this field should be actively practicing in their field for at least three years.


Probate lawyers or any attorney who is expert in probate law have a number of specialties that make them uniquely qualified to handle any probate process. In some states, probate lawyers can represent anyone who has questions about their estate or is in need of legal advice. Others may even specialize in a particular area of the law such as wills, adoptions, or probate settlements. This type of attorney can make valuable contacts with other attorneys who can be of assistance throughout the probate process.


In many states, a probate lawyer may also take on cases involving probate and intestacy laws. In America, intestacy laws are designed to provide the deceased person’s estate the money it needs to distribute his or her property and assets to beneficiaries. If intestacy laws are violated, the court can appoint an estate planner to oversee the distribution of the decedent’s estate. The probate court appoints an administrator to handle the decedent’s affairs until the probate case is settled. In some states, the probate judge can also appoint an estate planner to assist in making these decisions.


Probate can be very complicated for people who do not have experience in this area. If you think you are unsure of how probate works, contact an estate planning attorney as soon as possible. A probate lawyer will help you understand the entire process, answer questions, and guide you through the proceedings. This will help ensure that your wishes are respected and that your final wishes are met. This is one reason why it is so important to choose a probate lawyer who is experienced in this area.


Probate itself is very confusing. You need the help of someone who knows the ins and outs. An estate and probate lawyer can be your best friend in this process. If you are having problems finalizing your estate plan, or if you feel you may be the victim of inappropriate actions by a loved one, contacting an experienced estate and probate lawyer is your best option. There is no reason to put this process off. Contact a probate and estate planning lawyer as soon as possible to get all of the answers you need.