The Law Offices of Steven Benke can guide you through the process of dealing with your financial matters in the event of some incapacity (an enduring Power of Attorney), dealing with your living arrangements and other personal matters (a Living Will) or what happens upon your death (a Will). We can also guide you as an Estate Trustee (also called Executor or Estate Administrator) through the complicated process of administering an Estate/Inheritance after the death of a friend or family member.

Our team of professionals will help you to negotiate and settle claims with respect to all estate/inheritance matters. The Law Offices of Steven C Benke will represent you and pursue your interests in Estate Court if necessary.

Planning Your Estate/Inheritance (Wills, Power of Attorney, etc.)
Planning for your family in the event of accident or death is very important. The Law Offices of Steven C Benke can help you with planning and implementation of simple and complex wills, trusts, powers of attorney, and living wills, domestic agreements addressing estate issues, family trusts, family partnerships and other means to protect, preserve and increase family wealth for the future.

Our team of professionals can assist you with succession planning for your business, privately-held companies and partnerships including the implementation of buying or selling agreements, etc.

A Testator is the person who makes his/her will.

Will is a written document, properly signed, which:

--specifically states who is to administer the estate (the executor or estate trustee);
--specifically states what is to happen with the assets and liabilities of the estate;
--specifically states certain other wishes, such as guardianship of children and burial instructions
--takes effect only upon the individual‘s demise.

The purpose of a will is to:

a) provide for an orderly transfer of assets upon death in accordance with a testator's wishes
b) avoid confusion and conflict in the distribution of a deceased's assets.

During your lifetime, you can revoke your will (or any part of it) at any time as long as you are mentally capable. You must be careful with the preparation of your will because you cannot change your will after your death. The money from your estate can be spent paying for the legal battle if your will has not been legally prepared. The Law Offices of Steven C Benke will guide you through the process of making your will in accordance with your unique circumstances and wishes, to reduce tax expenses, and avoid future litigation in court.

A Power of Attorney for Personal Care authorizes one or more persons to make decisions on your behalf with respect to your health care. Its purpose is to give the written authority to another individual(s) to authorize certain medical treatment. You can grant a general or limited power of attorney for personal care. A Power of Attorney for Personal Care is an officially binding document. You can revoke the Power of Attorney at any time as long as you are mentally capable.

Estates/Inheritance Administration
If you are an Estate Trustee(also called Executor or Estate Administrator) with a will or without a will, you are responsible for administering the estate/inheritance. You should distribute the property of the deceased in accordance with his/her last wishes or in accordance with local laws. Our team of professionals will help you to administer estates/inheritance and trusts.

There are many issues that can surface in the administration of an estate, including understanding your role, obligations and potential liabilities as an Estate Trustee, obtaining and understanding the will, opening estate bank accounts, notifying appropriate governmental authorities, listing and dealing with the assets, claims and debts of the estate, notifying beneficiaries, advertising for creditors, informally/formally passing of accounts, preparing releases, paying appropriate compensation to the estate trustee and advisors, and more. As an Estate Trustee can be held personally liable for their conduct, it is important to obtain timely legal advice to ensure that the estate is administered according to the terms of the will and the law.

The Law Offices of Steven C Benke will assist you to apply to the estate Court with an Application for the Certificate of Appointment of Estate Trustee trough all required steps for administration of estates and/or inheritance to the final steps of the process of passing of accounts and distribution of estates/inheritance. Please Contact Us to discuss your legal issues. We know we can help. 

Negotiation, settlement, and Representation in the Estate Court in Litigation Process:
The Law Offices of Steven C Benke resolves most cases through negotiation or mediation and settlement without attending court. We have the legal experience and knowledge to handle situations that arise during the course of negotiation and mediation.

The Law Offices of Steven C Benke deals with Power of Attorney contestation (dispute or challenge), with applications for guardianship of the property of a minor, and claims by officially married spouses (or separated spouses) for division of property in accordance with the law. 

Some possible reasons for disputing of a will:

Lack of testamentary capacity: if you were not capable of making will at the time you signed it, then your will is not valid. Your capacity, for instance, can be affected by drugs, depression, or illness. Your medical condition is only one of the factors that must be considered by a judge.
Fraud: once fraud (i.e. forging a signature or changing pages in the will) is proven, your will can be set aside by a judge.

A possible list of the people who can make a claim for disputing of a will:

--all people named in your last will
--all people named in your prior wills
--all people who share in an intestacy
--all people who have a financial interest in the estate (i.e. spouses or dependants)

If you are an officially married spouse (even you are a separated spouse) and you are not satisfied with your deceased spouse’s will, Our team of professionals will help you to apply for division of property/estates/inheritance of your deceased spouse and will negotiate a settlement or represent your interests in the court. Remember that in such case you must apply to the court quickly after the death of your spouse.

At The Law Offices of Steven C Benke, we can provide guidance, legal advice and assistance in preparing all types of estate documents, and in administering estate matters. Please contact us to discuss your legal issues. We look forward to working with you and your family.