Guardianship and Probate

Hammerle Finley’s Elder Law attorneys help individuals and families prepare for and address issues surrounding aging . Our services include wills, trusts, and estate planning, probate, guardianship, and government benefits planning, such as Medicaid.

Our Elder Law section focuses helping clients maximize their quality of life in their elder years. The members of our Elder Law Team are Robert Morris, Thad Finley and Virginia Hammerle. They belong to the National Academy of Elder Law Attorneys.

Guardianship is the legal process by which the person and property of incapacitated persons are protected. A guardian of the person is responsible for seeing to it that the incapacitated person has food, clothing, shelter and medical care. A guardian of the estate is responsible for protecting the property and income of the incapacitated person and spending those funds for the incapaciated person’s benefit under the supervision of the probate court. We can assist you in seeking the appointment of a guardian and in carrying out the duties of a guardian once appointed.

Many of our clients seek our help with an elderly parent suffering from Alzheimer’s disease or other dementia. Our Guardianship attorneys have many years of experience in this field and are here to help you at this difficult time.

It is most commonly needed when

• An elderly parent is no longer able to make medical or financial decisions,
• A disabled child becomes an adult, or
• A minor needs to make a financial transaction in his or her own name, or owns funds that need to be invested.

Probate is the legal process by which the property of a deceased person is passed to the beneficiaries under his will or to his heirs, and through which his debts are paid. It includes the probate of wills, because wills have no legal effect unless they are admitted to probate. For persons who don’t have wills, probate includes the legal process by which the heirs are identified and receive the property to which they are entitled.

Our probate attorneys strive to make the probate process as simple as possible for our clients so that they may grieve the loss of their loved one without worry about the financial and legal processes.

is a legal proceeding for handling the estate of a person who is deceased.  The type of action necessary depends on several things, including:

• The existence of a valid Will
• Size of the Estate
• Identity of the Beneficiaries
• Place of Death
• Place of Last Residence
• Amount of Debts

Attorneys Rob Morris and Virginia Hammerle have handled numerous probate matters, from simple probates to complex contested will cases.

Hammerle Finley has what you are looking for: a law firm with the practical knowledge to serve your legal needs today, and the vision to help you prepare for your legal needs tomorrow. Our firm is AV-rated under Martindale Hubbell’s Peer Review RatingTM process.

For a consultation with a lawyer at Hammerle Finley, please contact us online or call one of our offices:

Dallas 214 363-9300
Lewisville 972-436-9300
Denton and Corinth 940-383-9300
Plano 972 -423-3000