|
Frequently Asked Questions
What
is probate, estate administration and estate litigation?
Answer:
My law practice deals with incapacity and death, the personal and
property rights placed at risk by these events, and matters relating
to these events (lawsuits, claims, debts and any other matter
relating to an incapacitated or deceased person). So my law practice
includes administration and litigation of Wills, estates,
guardianships and trusts, as well as planning for incapacity and
death
What’s the difference between someone being mentally ill and someone
requiring appointment of a guardian?
Answer:
Guardianships are only for people who cannot substantially provide
for their own needs. But almost all mentally ill people are fully
functional, capable and employed. So when a mentally ill person
deteriorates and cannot function, perhaps a mental health commitment
is appropriate. But guardianships should be reserved for people who
cannot provide for their own needs despite having all necessary
medication and medical care.
How
are estate planning, elder law and probate law related?
Answer:
They are indeed related, and are often synonymous descriptions of
the same areas of law.
Traditional estate planning has two components: first, tax
planning designed to preserve large estates while limiting
taxation; second, common-sense planning through wills, trusts,
powers of attorney and various directives for guardianship,
end-of-life care decisions and burial. I only provide the second
form of estate planning.
Meanwhile, ‘elder law’ typically adds a component to ‘estate
planning’ focused upon preserving fairly modest estates in
preparation for eventual dependent care (nursing home care). I
don’t provide such planning. Statistics reveal that most
Americans need common sense estate planning.
Last,
‘probate’ is the historic description given to the protection and
settlement of the estates of the incapacitated and dead. The terms
‘estate planning’ and ‘elder law’ typically refer to events
preceding incapacity or death (and thus, preceding Probate Court).
If ‘probate’ has a bad connotation, it’s because you and I are not
at our best when we face incapacity, dependence and death. Probate
itself is simply a process: we reap from it what we’ve sewn
What
do you mean when you warn against ‘group think’ in Probate court?
Answer:
When a key person in any environment adopts an opinion, they greatly
influence the views of others. When a disputed case in Probate Court
involves behavioral health professionals (psychologists and
psychiatrists), lawyers and others too often rely upon their
opinions. Yet behavioral science is too primitive, and opinions are
purchased every day. So the opinions scream out for critical
analysis by skilled lawyers. I do my part to assure that Courts
applying the ‘best interests’ standard focus upon personal rights
and freedoms – not anecdotal and subjective opinions
Why
are you ‘of counsel’ to Reiner & Associates?
Answer:
Howard and I were partners for several years before I went to work
with a group of non-probate lawyers. I returned to Howard’s office
because it’s beneficial to my clients for me to associate with other
probate lawyers. Howard’s also my mentor, and the best lawyer I
know. Probate law is specific and unique, so most lawyers just don’t
understand the broad spectrum of cases and issues falling within the
jurisdiction of a statutory Probate Court. My association benefits
my clients.
What
information should I bring to a consultation?
Answer:
Bring what you have describing your relationship to the person or
estate you want to talk about, plus information on the key players
and the estate’s assets.
Do
you provide free consultations?
Answer:
No. Some lawyers provide free consultations because they’re assured
of eventual payment (perhaps windfalls) through insurance companies.
But I get paid by the people I represent, not by some insurance
company. So I charge for consultations. As Lincoln said, a lawyer’s
time and advice are his stock in trade.
Why
aren’t you Board Certified?
Answer:
Because I don’t do estate planning for large estates. The State Bar
of Texas, grants the Board Certified status, and describes my
practice area as ‘Estate Planning and Probate.’ I don’t understand
the State Bar’s wisdom in lumping us all together (why is it that
the Bar doesn’t lump the tort lawyers with the patent lawyers, for
example, and thereby muddy up those waters and keep so many of those
lawyers from the exalted status of ‘board certified’?). Any way,
most of my practice concerns matters in probate court – an area for
which the State Bar does not grant ‘certification.’ My experience
with estate planners is that they don’t litigate guardianships well;
my experience with civil trial lawyers is that they often view
probate court as a clique-ish, strange, and often uncomfortable
place for them to ply their immense gifts (but they do wear nice
suits). If you seek a lawyer for probate court, call me. But I’m not
Board Certified by the Texas Board of Legal Specialization in any
area recognized by that entity.
Why
should I hire you?
Answer:
If my approach suits your needs, then we should talk further. Let’s
go from there. Regardless, I hope you find the legal counsel you
seek.
The materials in this website are for
information purposes only and are not intended to be and should not
be relied upon by any visitor as legal advice. No attorney-client
relationship is intended or implied by a visit to the site or by an
inquiry directed to Scott K. Boates unless the inquiry or contact
results in his being engaged pursuant to an explicit agreement with
a client. Visitors are encouraged to seek the advice of competent
counsel in dealing with matters having legal consequences. The term
‘competent counsel’ does not include computer programmers, internet
websites offering assorted legal forms, or anyone other than a duly
licensed practicing attorney.
|
