FAQs

Litigation is the legal process used to resolve disputes through the court system when parties are unable to reach a resolution on their own.

There is no set timeline for a civil litigation case. Some cases may be resolved within a period of months, while other cases may take years to complete. The length of litigation can vary widely depending on several factors such as case complexity, discovery, settlement attempts, and appeals.

You should seek legal help as soon as you believe your rights or interests may be at risk. Attorneys can provide clarity, explain relevant laws and procedures that apply to your specific situation, and navigate you through the complexities of the legal system.

Wills are a written document designed to dispose of its creator’s property at death. A Will must appoint a Personal Representative (also known as an Executor) who will execute the instructions in the Will and distribute the decedent’s property to the persons designated to receive it. A Will can be very simple. But often, wills accomplish more complex goals such as the creation of trusts to hold property for an extended period of time. Wills may also address the appointment of a guardian for minor children. It is important to note that a Will is only effective upon its admission to probate by a proper court. Further, state law varies, but Wills must comply with strict formalities in order to be valid.

A trust is an agreement between the creator of the trust (sometimes called a settlor or grantor), a trustee (a person or entity which accepts the job of managing the trust property in accordance with the trust) and one or more beneficiaries (those individuals or charities which will receive the trust’s benefits). There are many different types of trusts, but revocable trusts are a mainstay of estate planning. Clients mainly use revocable trusts as Will substitutes to avoid probate proceedings at their death, thus making their estates easier, faster, and cheaper to administer.

A conservatorship is when the court appoints a conservator to make financial decisions for the protected person. The conservator typically is given the power to enter into contracts, pay bills, invest assets, and perform other financial functions for the protected person.

A guardianship is a legal arrangement in which the court appoints a guardian to make personal decisions for a protected person. The guardian may be given authority to make decisions on behalf of the protected person about such things as where to live, medical decisions, and managing the personal, legal, medical, and day to day care issues for a person. The key distinction between a guardian and conservator is that a guardian is primarily tasked with making personal, care type decisions for a protected person. A conservator makes financial decisions. A guardianship may be necessary for situations involving a mentally incapacitated adult, an adult with special needs, or an elderly adult with declining health. Guardianships for minors are established when neither of the child’s parents is able to care for the child. Under Nebraska law, anyone under the age of 19 is considered a minor.

As part of its estate planning practice, Erickson Sederstrom prepares comprehensive durable financial powers of attorney, along with health care directives, for its estate planning clients. These documents allow adults to name a decision maker for them. A power of attorney can be a crucial tool for avoiding guardianships and conservatorships. By establishing a power of attorney, an individual can appoint someone to manage their affairs if they become incapacitated, effectively preventing the need for a court-appointed guardian. This proactive approach avoids the necessity of opening a legal proceeding to appoint a guardian or conservator. It is important for all adults to review their own estate plan, and make sure they have a power of attorney in place.

However, in some cases, a person may not have the legal capacity to execute a power of attorney or may have encountered a medical emergency that requires court intervention. Guardianships and conservatorships often come into play when an adult loses their cognitive capacity, has a disability that prevents them from caring for themselves, or has been in an accident. If you are caring for a loved one who is having issues with managing their own care, it may be time to consult an attorney regarding the establishment of a guardianship or conservatorship.

Every person has an estate, big or small, rich or poor. Whether a person has great wealth or just a few tangible possessions, that property must be disposed of at death to loved ones, friends, or charities. The goal of estate planning is to create an orderly plan which avoids unnecessary hassles, delays, and costs and efficiently transfers that property to those chosen to benefit.