A full service law firm offering services in Estate Planning, Elder Law, Guardianship Law, Estate Administration, and Estate and Fiduciary Litigation.
Serving Cabarrus, Rowan, Stanly, Iredell
Union and Mecklenburg Counties.
Estate Administration and Probate.
When a loved one leaves a Will behind, most people think that the process of settling their affairs becomes a simple matter of giving everything away like the will instructs and that is that. In reality, there is more to the probate process, and even with a will that process can be quite complicated.
If you do not have a will, your Estate must go through the Court process anyway. Your creditors must still be paid, your possessions must still be distributed to your heirs, and your estate must still be settled. When there is no will to guide you, the process is called intestate succession. In some ways, settling an estate without a will is easier, In most ways, however, it is more difficult.
With over 50 years combined experience we have the expertise to deal with any issues that may come up during an Estate Administration either with or without a Will.
Estate Planning
An estate plan is an insurance policy, so that if you are unable to handle your own affairs someone can step in and do so for you. It's never too early to prepare one.
Most people think that the only thing that goes into a well thought out estate plan is a Will. A Will is only a small part of a proper estate plan. While a Will is an important document to have after your death, in reality an estate plan begins much sooner. Estate plans do not have to be complex. In most cases, a simple Will, a Durable Power of Attorney, and a Healthcare Power of Attorney are the only documents that are necessary. We can prepare those documents for you quickly.
Occasionally, a more complex plan is called for. If you have a high net worth, there may be tax implications if you do not properly plan. Other times, you may have special circumstances in your family situation that requires special planning. We can help you determine the appropriate plan to fit your needs, allowing you to have peace of mind about your future.
By limiting our practice to Estate and Guardianship Matters, we are able to provide you with unparalleled attention to detail and a quality of representation that is second to none.
Estates and Trust Litigation
Sometimes, the person that you trust to handle your affairs for you betrays that trust. Sometimes a person writes a Will or a Trust, and what seemed clear to them at the time turns out not to be so clear. When a person writes a Will, they are presumed to be competent to do so. That is not always the case.
At Kraus & Phillips, PLLC, we handle litigation of all types. If you need to challenge a fiduciary not doing the right thing, or if you are a fiduciary being accused of not doing the right thing, we can help. If you want to challenge a Will that your loved one wrote, but did not understand, we can help. If you have a Trust or other agreement that requires interpretation or changes. We can help.
Guardianships
When a loved one can no longer take care of themselves, someone has to step in and make the necessary life decisions for them. If you are called upon to help a loved one, our firm can help you at every step of the way. Whether navigating the legal process in order to be appointed, or managing the guardianship once you are put in place, our skills and experience in dealing with the legal system throughout the guardianship process can allow you to focus on the human aspects of caring for your loved one.
“ Mr. Phillips took the time to make sure that I understood every step of the process, and I couldn't be happier with the results.”
— Diane Little, Google Review