Estate Planning and Probate

Many people believe that estate planning is only for individuals or families who are wealthy.  While it is certainly true that affluent people can benefit from estate planning, people with modest assets and income can also benefit from an estate plan.  A will, for example, can direct the distribution of a person's real and personal property.  It can also serve other valuable functions such as naming a guardian for minor children and an executor of a person's estate as well as granting a license to sell real estate.  Some wills can also be drafted in a manner in which assets pour over into a trust for the benefit of minor children.  Without a duly executed will, a person's property will pass to his or her heirs under the laws of intestacy.  This may or may not be consistent with the person's wishes upon death.

Attorney Ciulla offers the following services:

• Drafting of wills
• Drafting of durable power of attorney
• Drafting of health care proxy and living will
• Drafting of trusts

This office also handles probate matters.  Probate is a complex process in which the court oversees the naming of an executor pursuant to the terms of a will or an administrator where a person passes without a will.  The court also oversees the overall distribution of the estate so that named beneficiaries or heirs receive their proper share of the decedent's property.  Probate also exist to protect creditors by affording them an opportunity to assert claims against an estate.  Creditors must follow proper procedure when attempting to assert a claim against an estate.  Attorney Ciulla has assisted clients with a variety of probate matters including disputes between beneficiaries.