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Estate Planning

Estate planning involves preparing documents to ensure your assets are distributed according to your wishes after your death. This includes creating wills to outline who will receive your property, setting up trusts to manage assets during your lifetime and after, and establishing powers of attorney for financial and healthcare decisions. Healthcare directives can also be prepared to specify your medical preferences if you are unable to communicate. Documents can be updated as laws, assets, or family circumstances change, providing clarity and reducing potential stress for loved ones.

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Partitions

Partition actions resolve disputes over jointly owned real estate by dividing the property among co-owners. These cases commonly arise in situations involving inherited property, business partnerships, or co-ownership arrangements that have become unmanageable. The property may be divided into equitable shares based on value, a process known as a partition in kind. If the property cannot be fairly divided, the court may order a partition by sale, where the property is sold, and the proceeds are divided among the co-owners. Co-owners may also be able to recover costs for property maintenance or improvements.

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Surplus Funds

Surplus funds are the excess money generated when a property is sold at a mortgage or tax foreclosure for more than the amount required to settle debts or liens. Former property owners or other entitled parties may claim these funds by filing through the court system. This process involves preparing and submitting legal documents to establish eligibility, including a title opinion. In some cases, competing valid claims may need to be paid out of the surplus funds. Timely action is essential to recover these funds and resolve disputes, ensuring rightful claimants receive what they are owed.

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