Estate Planning and Probate

Developing estate planning and business succession strategies.

    Estate Planning and Probate are intertwined legal matters that can be complicated.  They don’t have to be.  The right Estate Plan can avoid the Probate Court altogether.  Estate Planning is also more than just assets and inheritances.  Estate Planning is the peace of mind that comes with knowing you have made decisions for yourself, your family, and your loved ones on your terms. Estate Planning discussions with your Attorney at Tomak and Podolsky, PLLC, will address your needs, plan for your own personal and health care if you are no longer able to do so, position your assets for easy transfer upon your death, protect your minor children by designating guardians, minimize transfer or estate taxes, and avoid the time and expense of the Probate Court.  In the event plans were not made prior to death, we can also assist you with the Probate process.  Our Attorneys work in our Probate Court on a regular basis and will guide you through this system in a caring and compassionate manner.

    Tomak and Podolsky, PLLC, is skilled at helping a diverse range of clients, from young families with small children to senior citizens who are enjoying retirement.  We are extremely sensitive to the needs of our LGBTQ community and have helped many same-sex couples with a variety of Estate Planning and Family Law issues.  We help clients with very small estates and those whose assets are valued in the millions of dollars. We provide simple Wills and Powers of Attorney, complex Living Trusts and tax minimization plans, and sophisticated Business Succession plans.

    Tax laws affecting Estate Planning change often.  We regularly monitor legislative activity and attend annual Continuing Legal Education classes and seminars to maintain our expertise.

    Our comprehensive Estate Planning and Probate services for individuals and families include:

    • Establishing Living Trusts (to avoid the Probate Court)
    • Creating succession plans for transferring family businesses
    • Minimizing, deferring or eliminating death and gift taxes
    • Designating Guardians and creating Custodianships to protect minor children
    • Representing clients in all matters involving Probate Court including:
      • Administering decedents’ estates
      • Handling probate disputes such as Will contests and claims against Estates
      • Representing clients in Guardianship and Conservatorship matters
    • Establishing Discretionary Trusts to preserve governmental benefits for the elderly or disabled
    • Planning for disability by:
      • Creating Durable Powers of Attorney and Living Trusts, designed to avoid the Probate Court
      • Creating Durable Powers of Attorney for Health Care to address medical treatment concerns
      • Preserving benefits through careful Medicaid planning