Guardianships and Probate
The death of a loved one is not the end of their legacy. Their passing frequently involves the process of probate to secure their family’s welfare in terms of the distribution of assets and the care of underaged children and vulnerable adults. Remaining family members often turn to a qualified probate attorney to ensure proper execution of a will or administration of a trust.
At Bottimore & Associates, P.L.L.C., we protect the interests of families with more than 40 years of combined experience. In our Tacoma office, we have addressed the concerns and protected the rights of beneficiaries, executors, and guardians and wards, looking for favorable resolutions to their matters.
The Relationship Between Wills and Guardianships
Beyond expressing your wishes in terms of the distribution of your property and assets, a valid will also sets forth your directions for the care of your children age 18 or younger, as well as vulnerable adults for whom you have been named a legal guardian.
The naming of a personal guardian for your child’s care or to safeguard the assets and property you may will to them can be a complex choice. You may have a lot of “what if?” type questions related to this part of your will. Our attorneys can help you review various scenarios to come up with guardianship designations that will provide the most benefit for your children, should a guardian become necessary.
At Bottimore & Associates, P.L.L.C., we guide our clients to prepare for the future through making thorough estate plans. A well-crafted estate plan can include a will that provides guardianship designations, as well as other elements designed to preserve your choices for asset and property distribution.
How Legal Guardianships Work
The government of Washington defines a guardian as an advocate and representative of an individual with demonstrated incapacity. A guardian is entitled to make financial and health decisions on behalf of the person they represent.
While a will can designate a guardian, the person entrusted with this responsibility is not immune from legal scrutiny. For example:
- Family members of the represented individual can lodge a complaint about a guardian’s performance in terms of proper care or advocacy.
- Guardians can be subject to sanctions imposed by a member of Washington’s Certified Professional Guardianship Board. This occurs when the family files a grievance against a guardian and allegations are proven to be true.
If you have been named in a complaint about your conduct as a guardian, we will craft alternatives for your case to protect your loved ones or address claims of misconduct against you. At Bottimore & Associates, P.L.L.C., we know both sides of probate matters.