Estate Planning

Securing your legacy

You’ve worked hard for your family, so knowing that you have planned for their long-term well-being and financial security can bring you great comfort. Benj and Lesley Deppman will thoroughly analyze your estate to strategize the best means of transferring your assets, minimizing taxes, establishing guardianship for your children, caring for your pets, supporting personal philanthropic causes and protecting your loved ones.

Draft your advance directive and last will and testament

A will is essential at every stage of your life. Your advance directive (or living will) establishes your wishes for medical interventions should you become incapacitated. This assures that when you are most vulnerable, your wishes will be honored. Your last will provides the opportunity to distribute your property, establish care for your children and otherwise express your wishes upon your death.

A will is necessary if you intend to leave property to a person or entity other than your heirs, such as a domestic partner, a friend or a charity. If you die without a will, the court determines such issues as how your property is distributed, who cares for your children, and what happens to your pets — decisions that might not reflect your desires. Benj and Lesley Deppman will help you prepare a will that ensures your intentions are honored.

Changing your will

As your life changes, so might your estate plan. You should update your will periodically. Benj and Lesley Deppman will help you address changes in your financial situation, marital status, number of children, philanthropic interests and general lifestyle decisions, in your estate plan.

Appointment of guardians

If you have minor children, your will allows you to make decisions about their future care. Naming a guardian is especially important if you are a single parent, but even married couples must consider the remote possibility of a common incident. If you do not name a guardian, the court will appoint a guardian whose decisions may not reflect your parenting goals.

Probate and trust disputes

When questions arise about the validity of testamentary documents or the management of estate assets, Benj and Lesley Deppman can assist you. If you believe an executor, trustee or estate administrator is mismanaging the assets of the estate or a trust, you, as beneficiary, have standing to raise that issue. On the other hand, an executor, trustee or estate administrator is entitled to a vigorous defense against accusations of incompetence or unlawful conduct. Benj and Lesley Deppman provide professional representation for beneficiaries and fiduciaries in estate and trust disputes. 

Challenges to the validity of a will or trust

There are several bases for challenging the implementation of testamentary documents. These include lack of capacity, undue influence, and fraud. Benj and Lesley Deppman are available to assist you in asserting a challenge, or defending against a challenge, to an estate plan.

Breach of fiduciary duty in estate settlement and trust management

The executor of a will, administrator of an intestate estate or the trustee of a trust is a fiduciary with a legal duty to manage the assets of the trust or estate according to the testator’s wishes and for the benefit of the beneficiaries. The fiduciary must perform at a professional standard so that assets are not lost due to waste, fraud, misallocation or mismanagement.  Beneficiaries may challenge misconduct and demand a full accounting. Benj and Lesley have experience on both sides of trust and estate controversies.