Trusts & Estates
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Trusts & Estate Overview
Exceptional Rockville Trusts and Estates Attorneys Provide Far-Reaching Family Law Representation
Serving the trust and estate needs of individuals in Potomac, Bethesda, Clarksburg, Gaithersburg, and communities throughout Maryland
The trusts and estates attorneys at Rockville’s Jo Benson Fogel, P.A. boast well-rounded practice experience in wills, guardianship, and estate planning and administration. Statewide recognition as a leader in this area of law has built an extensive base of dedicated clients. Individuals throughout Maryland routinely rely on us to develop and keep estate plans current, and families turn to us for compassion and strength after the death of a loved one. We look forward to being a trusted resource for you, too.
Holistic estate planning and estate administration expertise
Our Rockville wills and probate attorneys provide seasoned counsel to clients planning for end of life matters. We develop thoughtful and thorough estate plans to make sure that when a disable event happens, your family is provided for in accordance with your wishes. You can also count on us to help you anticipate changed circumstances that may necessitate amendments to your estate plan.
For those struggling with the death of a friend or family member, we work hard to minimize the stress and burdens of probate. Our knowledgeable probate attorneys guide you through the appropriate court processes and legal requirements.
Rare proficiency in guardianship matters to ensure your
loved ones are protected
Caring for a minor or adult who cannot care for him or herself is an incredibly important responsibility, and we do not take these issues lightly. Our guardianship and family law attorneys make certain that, when appropriate, estate plans contain provisions pertaining to guardianship. In those instances where guardianship of a dependent person is not clear, whether during estate administration or other circumstances, we leverage more than 30 years of experience with Maryland’s guardianship laws to protect your loved one.
Providing dedicated representation through emotionally challenging contested estate litigation
When an estate is contested, the resulting litigation can be taxing. Whether arising from disputes with creditors over the decedent’s debts or disagreements among family members over the terms of the will, estate litigation should not be approached without a competent trusts and estates attorney. Our Rockville estate administration team is with you through every aspect of the probate and contested estate process:
Petitioning the court to open a probate estate
Challenging actions made by the executor or personal representative
Pursuing fraud or theft claims against the estate’s executor, personal representative, or trustee
Responding to claims submitted by creditors
Paying out the assets of the estate in accordance with the will
Contesting or defending a will
Replacing the personal representative
With more than 30 years of experience in probate and estate litigation, we are a first-rate resource for contested estate disputes.
Contact us for all your Rockville trust and estate legal needs
The Rockville Maryland trust and estate attorneys at the law firm of Jo Benson Fogel, P.A. are lauded statewide for their sophisticated understanding of complicated, sensitive legal matters. Call (301) 468-2288 or contact us online to schedule a time to meet with a member of our legal team. These issues are simply too important to trust to inexperienced attorneys.
Contested Estates
Rockville Contested Estates Attorneys Offer Families Compassionate, Steadfast Legal Representation During Estate Litigation
The death of a friend or family member is traumatic. Unfortunately, estate administration can add greatly to this stress, especially if the estate is contested. The Rockville contested estate attorneys at Jo Benson Fogel, P.A. have more than three decades of in-court experience advocating for clients in estate litigation. If you are facing the daunting prospect of a contested estate, having an advocate on your side can make all the difference.
Early engagement poises our attorneys to best handle your contested estate dispute
When a loved one dies, his or her will must pass through probate. This process consists of complex rules and procedures, and extensive amounts of documentation, which can be difficult for non-attorneys to navigate. Although some estates pass through probate without serious issue, estate litigation may be part of the process for some area families.
If involved early in the estate administration process, our Rockville contested estate attorneys can identify issues that may give rise to estate litigation and help you anticipate the nature of those challenges. Waiting to consult an attorney can put important rights and your loved one’s estate at risk.
Sophisticated familiarity with will contests in contested estate litigation
One of the more common disputes giving rise to estate litigation concerns the validity of a will. A beneficiary or other person who is directly affected by the terms of a will can challenge the will on a number of grounds:
Fraud
Diminished mental capacity
Undue influence
Improper execution
Subsequently executed wills or codicils
Mistakes in the will
An experienced wills and estate litigation attorney can competently assess the strengths and weaknesses of a will contest. If you are looking to challenge the validity of a will or facing such a challenge, it is imperative that you contact a reputable attorney immediately. Strict timeframes govern these issues, and failure to act can result in a forfeiture of rights.
Skilled Maryland family law attorneys face estate
litigation head-on
Any kind of litigation is complicated, and the emotionally charged nature of contested estate cases makes these issues particularly difficult. The Rockville-based contested estate attorneys at the law firm of Jo Benson Fogel ,P.A. have earned a reputation for being among the best and brightest family litigation attorneys in the state. Through difficult times, we are your consummate advocates, always seeking reasonable solutions.
Do not wait, contact our Rockville contested estate attorneys today
The probate and estate administration process moves quickly. So as to not jeopardize key rights and responsibilities, it is essential that you enlist the help of an experienced estate litigation attorney as soon as possible. Call (301) 468-2288 or contact us online today.
Guardianship
Acclaimed Rockville Family Law Attorneys Guide Families Through Complicated Guardianship Procedures
Exceptional guardianship know-how in a dedicated family law firm
During estate planning, many people focus only on financial and property matters, overlooking an important issue: care of loved ones. Provisions for guardianship are very important parts of a thorough estate plan. Whether you are looking to incorporate these terms into your estate plan or need to establish guardianship unexpectedly, the Rockville family law firm of Jo Benson Fogel, P.A. is a go-to resource for families in Montgomery County, Prince Georges County, and greater Maryland.
Helping you understand and navigate the maze of
Maryland’s guardianship laws
A guardian has the legal authority to care for the person and property of one who lacks the requisite understanding or capacity to make responsible decisions on his or her behalf. The scope of a guardian’s appointment can include the dependent’s person and/or the dependent’s property. For example, a guardian may have the authority to:
Dictate the nature and scope of medical treatments
Make educational decisions
Direct the sale or transfer of property and assets
Manage finances
Decide housing and living situations
Serving as a guardian comes with great responsibility. Known for their in-depth familiarity with the statutory frameworks governing guardianship of minors and adults, our Rockville attorneys usher you through every stage of the guardianship process, fully explaining your rights and responsibilities. We assist you in being well-prepared for the task of serving as guardian to your loved one.
Estate planning attorneys anticipating your guardianship needs
Provisions for guardianship of a minor or dependent adult are important components of an estate plan. Our guardianship and wills attorneys ensure that your estate plan clearly reflects your wishes and intentions pertaining to your dependent family members. And, we go a step further and help you anticipate circumstances that may unfold in the future, providing your family with protections for unexpected events.
Committed representation in complex, contested guardianship cases
Unexpected situations can arise that necessitate the appointment of a guardian over a parent, sibling, niece/nephew, or other loved one. In some cases, establishing a guardianship can be a relatively uneventful, but complicated, court process, through which our guardianship attorneys manage the necessary paperwork and proof required to satisfy the court that the appointment is appropriate. It can be a very different experience, however, if guardianship is contested. These cases often require substantial evidence and testimony before a judge. An experienced family law attorney who routinely advocates for clients in Maryland courts can handle these contentious disputes.
Do not leave your guardianship case to chance. Contact our Rockville family law team today
With so much at stake, you should not go into these cases alone. If you are facing or anticipating a contested guardianship case, contact us online or call (301) 468-2288 right away. The Rockville-based law firm of Jo Benson Fogel, P.A. has an outstanding team of reputable guardianship attorneys. Put this recognized expertise to work on your guardianship case.
Wills & Estate Planning
Experienced Rockville Wills and Probate Attorneys a Reputable Resource for Estate Planning and Administration Matters
Helping clients throughout Maryland and Washington, D.C. successfully plan for the future
While planning for the future is important, planning for end of life matters is often a sensitive matter with many intricate details to consider. Having an experienced Rockville wills and probate attorney guide you through the process of creating and routinely updating an estate plan gives you the security of knowing that your assets will be distributed according to your wishes when you are gone.
Our estate administration attorneys help you sift through the often challenging and confusing probate process following the loss of a loved one.
At the Rockville law firm of Jo Benson Fogel, P.A., our wills and probate attorneys handle these sensitive legal issues with skill and compassion. Our clients benefit from reliable legal counsel and representation in all aspects of wills, estate planning and administration, and probate matters.
More than three decades of experience in estate planning ensure you and your family are covered when you need it most
Estate planning can be a difficult subject for individuals and families. Having a solid plan in place means that your loved ones will be cared for when the unthinkable happens. Our Rockville wills and estate planning attorneys use a variety of tools to help protect your family’s future:
Wills and codicils
Living wills and health care directives
Powers of attorney
Trusts
We take the time necessary to develop a carefully planned, comprehensive estate plan that minimizes potential tax liabilities, so that your family members receive everything to which they are entitled.
Guiding you through probate and administration of an estate
The legal process of administering a decedent’s estate, known as probate, can be very complicated. Under Maryland law, there are several probate procedures, tied to the total value of the estate:
Modified Administration Proceeding: A streamlined procedure is available for estates meeting strict requirements pertaining to potential beneficiaries and the ability of the estate to satisfactorily discharge its obligations. Minimal court supervision is necessary under this procedure.
Small Estate Proceeding: This process is available for estates in which all assets are valued under $30,000 or $50,000 in those cases where a spouse is the sole heir. The small estate proceeding often closes several months after the estate opens, and fewer filings are required by the court than under the regular proceeding.
Regular Estate Proceeding: Estates in which assets are valued in excess of $50,000, or $100,000 if a spouse is the sole heir, must proceed through the regular estate procedure. In these cases, the court may require substantial amounts of evidence and documents. Depending on the assets at issue, these proceedings can take up to or over a year.
While seemingly straightforward, before the appropriate procedure can be identified, an initial determination must be made as to the value of one’s estate. Complex asset and debt valuations may be necessary. With more than 30 years of experience serving individuals in Rockville, Greater Maryland, and the Washington, D.C. areas, our Rockville wills and probate attorneys have Maryland’s most trustworthy valuation experts available as a resource. We work quickly to get your probate matters processed, so you can focus on grieving your loss and caring for your family.
Proficient, powerful representation by your side during
the probate process
While probate can be time-consuming and complicated, estate administration often resolves without litigation. In some instances, however, litigation is necessary. One of the more common circumstances giving rise to probate litigation is when a beneficiary or potential beneficiary contests a will. If the validity of a will is at issue in your case, our wills and probate litigation attorneys can navigate with you through the many questions associated with will contests:
Which parties are able to challenge a will under Maryland law?
What are the legal grounds on which a will can be contested?
What evidence is required to successfully challenge a will?
What is the timeframe within which a challenge must be made?
What are the potential risks and benefits to contesting a will?
Our Rockville-based wills and probate litigation attorneys are always prepared to take a case to trial when necessary. This approach best positions us to pursue settlement while concurrently preparing a steadfast litigation strategy, if necessary.
Contact Rockville’s premier wills and probate attorneys today
Whether you are in need of a skillfully-crafted estate plan or a dedicated advocate through the probate process, the law firm of Jo Benson Fogel, P.A. is a trusted resource. Our Maryland wills and probate attorneys offer compassionate representation, backed by more than 30 years of combined hands-on experience. Call (301) 468-2288 or contact us online to explore how we can help you and your family.
