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At Magnolia Legal, our mission is clear: to lift the weight of confusion and uncertainty from our clients' shoulders. Our practice allows us to provide complete solutions to our clients.  Whether it's protecting your assets or shaping your plans for the future, we are committed to ensuring our clients feel empowered and secure every step of the way. 

Estate Planning

We guide clients through the process of protecting their loved ones. Whether you're starting from scratch or fine-tuning existing plans, we've got you covered. Our services encompass drafting Wills, Trusts, and Powers of Attorney, as well as revising and updating existing estate plans.

WILL

A legally enforceable document that allows you to detail your inheritance plan.  The Will also names certain trusted individuals to fulfill fiduciary roles such as Executor or Guardian.

TRUST

An legal agreement wherein a person or institution holds legal title to property in his name for the benefit of another person.

 

A common example of a trust is one set up for a minor child in his/her parents’ wills.  The parents appoint a trustee who will manage the minor child’s inheritance until the terms of the specific trust are fulfilled.  The trustee owes a duty of care to the minor child to manage the inheritance for the benefit of that child and make distributions as appropriate.   It is important to remember that the trust can be drafted in a variety of ways to best fit the needs of the specific family.

POWERS OF ATTORNEY

Durable Power of Attorney:

A document which gives an agent the legal authority to make financial decisions for the principal.

 

This is a very useful and powerful document which allows your agent or “attorney-in-fact” to make financial decisions for you without needing to get permission from the Court which can save both time and money.  This power can be effective immediately or upon incapacity of the principal.  It is imperative to choose a trusted person as your agent since the role carries so much power.

Healthcare Power of Attorney:

A document which gives an agent the legal right to make health care decisions for the principal in the event that the principal is deemed incapacitated by their doctor.   Specifications about medical care and types of medical intervention are commonly specified through this document. 

 

This document is an opportunity to bring clarity and calm to an inherently stressful situation.  Before executing this document, it is advisable to communicate your specific wishes to your health care agent. 

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Let's check this off your 'To Do' list.

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Contact Us

Call or email to learn more info or schedule your free consultation.

Get Prepared

Collect financial records and have decisions made regarding executors, trustees, etc.

The Consultation

We will discuss your specific needs, concerns, and questions and provide a detailed explanation of next steps and fees.

Draft & Review

After we draft the necessary documents, you will review and we will make any revisions as needed.

Execute

Final meeting to execute the documents and make final payment for services due.

Trustee Services

We accept fiduciary appointments as Executors, Trustees and Attorneys-in-fact.  Some clients prefer to name trusted professionals as their fiduciaries instead of family members or friends.  Our team prepares detailed, accurate annual accountings that meet all reporting requirements. We also oversee timely beneficiary distributions, ensuring assets are allocated as directed.

FIDUCIARY APPOINTMENTS

At Magnolia Legal, we accept appointments as fiduciaries, usually Executor or Trustee.  Some clients prefer to name professionals instead of family members or friends.   Our executor and trustee services provide peace of mind, knowing that your estate will be handled with care, diligence and efficiency.  

 

An executor is a person or institution appointed in your will to administer your estate. They are responsible for managing all aspects of your estate, including identifying and inventorying assets, paying debts and taxes, and distributing assets to beneficiaries according to your wishes.

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A trustee, on the other hand, is tasked with managing assets held in trust for the benefit of others. They have a fiduciary duty to act in the best interests of the trust beneficiaries, managing assets prudently and making distributions according to the terms of the trust.

ANNUAL ACCOUNTINGS

Anytime there is a fiduciary appointed to manage your assets – either before you pass away or after, the court or your beneficiaries have the right to know the financial details of the estate or trust on an annual basis.  These “annual accountings” are detailed descriptions of every disbursement, distribution and receipt for the estate or trust for the passed year.  The documentation and detail required to prepare an annual accounting is both tedious and overwhelming at times. Whether as a professional fiduciary or as counsel for an estate, Magnolia Legal will ensure that all mandatory accountings will be done accurately and in a timely manner.  Let Magnolia Legal guide you through this process.

BENEFICIARY DISTRIBUTIONS

In the end, what matters most is that your heirs receive the correct portion of your estate or trust in as timely a manner as legally possible.  Before this distribution can happen, your Trustee or Executor must satisfy any creditors of the estate and ensure that all debts to the estate are collected.  The Trustee or Executor must also ensure that all filings with the court or accountings for the beneficiaries are completed and accurate.  This process can become complex but once the legal formalities are properly satisfied, your heirs can rest assured that they will receive the appropriate gift in a timely manner.

Whether you hire Magnolia Legal to act as your Trustee or Executor or if your fiduciary hires us to represent your estate, Magnolia Legal will ensure that the administration of your estate is done right.

Estate Administration

Addressing the complexities of estate administration becomes essential after a loved one has passed.  Probate requires careful attention to various legal and financial matters to ensure the deceased's estate is managed appropriately. At Magnolia Legal, we provide compassionate support and guidance to navigate the estate administration process effectively. Contact us today to learn how we can assist you during this challenging time.

PROBATE

Probate is a legal process that occurs after someone passes away, where their will is validated, and their assets are distributed according to their wishes or state laws if there's no will. It involves the court overseeing the administration of the deceased's estate, ensuring debts are settled and assets are distributed to the rightful beneficiaries.

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During probate, a personal representative is appointed to manage the deceased's affairs, including locating and valuing assets, paying debts and taxes, and distributing remaining assets to heirs. This process ensures that the deceased's wishes are honored and that assets are transferred smoothly to their intended beneficiaries.

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While probate can sometimes be complex and time-consuming, it provides a legal framework for the orderly distribution of assets and protects the interests of all parties involved. Our experienced team at Magnolia Legal is here to guide you through the probate process with compassion, ensuring a seamless transition during this challenging time.

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Administering an estate is often not a one person job.  There are lawyers, accountants, and financial planners involved, and of course you, the family and friends left behind.  We believe a strong team working together is the best way to protect the assets and interests of the deceased and the heirs.  At Magnolia Legal, we roll up our sleeves and work with everyone involved to assure a smooth and beneficial estate administration, so that our clients can focus on the difficult task of moving forward.

GUARDIANSHIPS

Do you have a family member or friend who is alive but incapable of managing their assets, or even their day-to-day life?  We can talk to you about the options you have to help your loved one through a guardianship or a conservatorship.  We can help you through the process of having a trusted fiduciary appointed and get on the road to protecting your loved one.

 

Guardianships (sometimes called conservatorships) are legal arrangements designed to protect individuals who are unable to make decisions for themselves due to incapacity or disability.

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A guardianship involves the appointment of a guardian to make personal and health care decisions on behalf of a minor child or incapacitated adult. The guardian is responsible for ensuring that the individual's daily needs are met, including medical care, housing, and education.

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On the other hand, a conservatorship appoints a conservator to manage the financial affairs and assets of an individual who is unable to do so themselves. The conservator is tasked with safeguarding the individual's assets, paying bills, and managing investments to ensure the individual's financial well-being.

Title Resolution

At Magnolia Legal, our goal is to eliminate uncertainties associated with the title to real property.  We work with attorneys, title insurance companies, and their clients to clear up and minimize ambiguity and risk.  When you do not have the time, capacity, or know-how, Magnolia Legal is your go-to for title support.

CURATIVE TITLE WORK

Mistakes happen.  Sometimes the mistake was made sixty years ago; sometimes it was yesterday.  Either way, we thrive on helping our clients find effective, efficient solutions to minimize risk and move forward with marketable title.

 

Curative work is necessary when a property owner learns that they do not own what they thought they owned or that there is ambiguity as to who owns what.  These issues are wide ranging and highly varied.  No property is the same.  Most often, we see issues involving legal access to a property, unclear or conflicting ownership claims, easements, or unresolved liens.

TITLE ABSTRACTING

Whether for a complex commercial transaction or the overflow of current owner searches, our team is available to assist attorneys and law firms in clearing title.  We work with attorneys and lenders as appropriate to abstract title to subject property and secure title insurance commitments, surveys, and other necessary local services to close on time for your buyers.

 

We have years of experience in the closing industry and know what to expect.  We can help you make the transaction smooth for your team and your clients.

GAL APPOINTMENTS

Sometimes you just do not know who owns a property.  Either in a partition action or tax foreclosure, the court may have to appoint a Guardian ad Litem for the unknown heirs of a deceased, prior owner.  At Magnolia Legal we accept these GAL appointments and diligently research and fulfill our fiduciary duty to these heirs.  We understand the need for efficiency of time and billing in these matters and pride ourselves on finding the findable heirs efficiently and quickly so that the petitioners may move forward with their lives and selling the real property.

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