Wills/Estates/Guardianships

Estate Planning & Probate Law
We prepare simple and complex Wills, Trusts, Healthcare Proxies and Powers of Attorney.

A Will is a document that allows you to leave your property to the people that you care about in the proportions that you choose. If you die without a will, property will be distributed to your family members according to the law. However, the default distribution may not be the way you prefer.  For example, if you are survived by a spouse and children, your spouse will take the first $50,000.00 of your estate and one-half of the balance, while your children will equally share what remains.

This is one of the most technical areas of law but also one of that can yield the greatest benefit for our clients. Many people do not realize that the pension they have earned from the job they have held for 20 years could be a considerable financial asset that, if properly planned, leaves a significant estate for their beneficiaries. Also, many homeowners do not know that their satisfied mortgage leaves them with a good source of funds that they can now use to plan an estate which is protected from the long arm of the government tax laws. However, in order to be protected, you must make a Will or establish a trust. Let us show you the various instruments that can be used to protect your earnings whether from savings, inheritance or employment.

It is not just the rich who protect their assets. Our experience shows that most people do not know the true value of their income, home equity, pension and where applicable, the goodwill from their business.

A Healthcare Proxy is used to appoint a trustworthy individual, such as a friend or relative, to make your healthcare decisions if you are unable to make decisions yourself. Your appointed agent is able to direct hospitals and doctors in the same way that you would if you were able. A healthcare proxy may grant as much or as little power as you decide.

A Power of Attorney is similar to a Healthcare Proxy, but it is used for decisions other than healthcare. You are able to appoint a Power of Attorney in order to make decisions for you with regard to, for example, real estate transactions, banking transactions or business decisions. The Power of Attorney may be limited to one type of decision or may be broad enough to include all decisions, including gift-giving.

Many of these documents are prepared at an affordable flat rate. Contact our office for a free consultation with an attorney in order to better understand your options.

Guardianships
Guardianship (also known as conservatorship) is a legal process wherein the court determines that a person (known as a ward) does not have the ability to make, or communicate, sound or safe decisions regarding his or her property either due to lack of capacity or susceptibility to fraud or undue influence and thereby assigns another person (known as the guardian) to manage the ward’s affairs.

Often, guardianship is pursued to protect minor children or adults who are in an incapacitated state. The decision to petition the court for a guardianship is a complex and carries a high degree of responsibility with it as the guardian assumes a level of liability. It is advisable that pursuing guardianship should be approached only after careful consideration and consultation with a qualified attorney.

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Memberships

  • Member of Brooklyn Bar Association
  • Member of WealthCounsel, LLC
  • Member of Metropolitan Black Bar Association

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Clover Barrett & Associates, P.C.
Address: 338 Atlantic Avenue
2nd Floor
Brooklyn, NY 11201
Phone: 718.625.8568
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