At Sena, Polk & Stacy, LLP, we have experience drafting wills and trusts and settling estates through the probate process. Each document is drafted to meet each client’s individual needs. Our document drafting and counseling process helps you plan to protect your assets and your family.
A will - or a 'last will and testament' - is a legal document that tells the probate court how you want your property distributed after you die, and who has the power and responsibility to wrap up your affairs. You will choose a person to serve as your Personal Representative (also known as Executor). This person will be responsible for handling final financial affairs--locating and valuing assets, locating and paying bills, distributing assets, and hiring an attorney and other advisors. It should be someone who is trustworthy, willing and able to take on the responsibility.
If you have children, charitable bequests, or simply want to avoid the probate process, our firm can assist you by creating trusts for your benefit. Perhaps the most common type of trust is the Revocable Living Trust. As the name implies, revocable trusts are fully revocable at the request of the trust maker. Thus, assets transferred (or 'funded') to a revocable trust remain within the control of the trust maker; the trust maker (or trust makers if it is a joint revocable trust) can simply revoke the trust and have the assets returned. Revocable trusts can be excellent vehicles for disability planning, privacy, and probate avoidance.
Our firm specializes in helping Personal Representatives navigate the probate process in Nebraska. Probate is a court-supervised process for distributing the individually owned assets of a deceased person. After debts and any taxes are paid, assets are distributed to beneficiaries in accordance to the instructions written in the person's will.