Trust & Estate Law
Attorneys in Greensboro, North Carolina
The Law Office of B. Tyler Brooks, PLLC, regularly assists clients with a range of issues they may encounter in the area of trust and estate law. This may include drafting documents such as a will or trust or handling a trust dispute or challenge to a will.
Last Will and Testament
A last will and testament is probably the most common tool used to manage who receives your property after you pass. To ensure your will is carried out and not invalidated after your death, you should seek the assistance of a competent attorney. Additionally, while it is an important part of estate planning for virtually everyone, it is often wise to combine a will with other tools like a trust.
Trusts come in a number of forms and can be used to expand your options for estate planning. We can establish both revocable and irrevocable trusts and help you decide which type of trust is best suited for your current and future needs. A so-called "Special Needs Trust" can also be established to aid with the care of a person possessing special needs.
Durable Power of Attorney
A durable power of attorney (or simply "power of attorney") allows you to designate one or more individuals you trust to make important decisions on your behalf and manage your affairs. This is a particularly useful document for you to have in the event you ever become incapacitated or otherwise unable to make decisions for yourself.
Health Care Power of Attorney
A health care power of attorney is, in effect, the medical version of a power of attorney. It allows you to specify who can make health care decisions for you if you are ever unable to make them yourself. An extremely important document, it sets out what types of powers your agent would possess.
Wealth Transfer and Tax Planning
Without careful planning, important assets that you possess could become subject to unnecessary taxes at your death or be depleted through other means. Our firm has the knowledge to help you protect your assets and maximize your ability to pass these on as you choose.
Business Succession Planning
If you are a business owner, you worked hard to build that business. But taxes and other legal requirements stand to undermine everything you have built. Our firm can help you develop and implement a strategy to navigate arcane laws and ensure that your business continues on after you pass.
When an individual is no longer able to make his or her own decisions, it may be necessary to seek the appointment of a guardian. This is a legal proceeding, and appointment of a guardian requires the approval of a court. There are different types of guardians under North Carolina law, and the court may set limits on the powers of a guardian.
Probate and Administration of Trusts and Estates
Because probate is a lengthy and sometimes confusing process that often must be started when family and friends are still grieving the loss of a loved one, the assistance of a competent attorney can prove invaluable. In addition to assisting with the probate process, we can also help trustees or other fiduciaries comply with their legal responsibilities and duties.
Will and Trust Disputes
Unfortunately, disputes can arise when a will is probated as well as during the administration of an estate or trust. We can assist you with the full range of such disputes, including challenges to the validity of a will (known as "caveat proceedings"), disputes involving alleged breaches of fiduciary duties by executors, trustees, or agents under a power of attorney, and even allegations of elder abuse.
Additionally, our firm can assist with these other issues that may arise in the context of representing individuals in estate planning, elder law, and probate matters:
Family and Medical Leave Act (FMLA) Rights
Special Needs Planning (Including Special Needs Trusts)
Caregiver Agreements and Related Contracts