When a person dies with a will, the family typically files that will
with the court.  A brief hearing is held and a person (usually the spouse or responsible adult child) will be appointed Executor of the estate and be given “Letters Testamentary.”  The Executor will then distribute property in accordance with the terms of the will.  Generally, the Executor does not need the court’s permission to dispose of the property.  When the Executor is finished, he will then file an accounting with the court documenting how he has administered the estate.  

Occasionally, even with a will, the court will require the Executor to post a bond, prohibit him from disposing of estate property without court order and order him provide a detailed accounting of how estate assets are disposed of.

Sometimes a person’s will disposes of property in a manner the surviving family members may disagree with.  For example, a parent may leave all of his or her estate to one child and exclude all other children.  The excluded children may file a will contest claiming the parent was not competent to make or change a will or that the will filed for probate was forged.  Such a proceeding is called a will contest and a County Court Law hears cases of this type.

Because of age or infirmity, a person may become unable to take care of him or herself or his or her property.  Occasionally, because of medical needs or in those circumstances where the person may have significant assets which require management, a family member or state agency may ask the County Court Law to appoint a guardian to help the person.  The person in need of help is called the “Ward”.  In general there are two types of guardianships – a guardianship of the person and a guardianship of the estate.
If a guardian is appointed to manage the person, the guardian is allowed to make decisions regarding where the Ward will live - often removing him from his home and putting him in a hospital or nursing home.  A guardian of the estate is appointed to manage the Ward’s money and property and is allowed to spend to provide for care of the person.  The court may require the guardian to post a bond to protect the Ward against any loss.  A person appointed as a guardian is required to make periodic written reports to the court on the status of the Ward and the Ward’s finances and to provide an accounting of any money spent on the Ward.
A judge hearing probate matters, will contests and guardianship matters should be experienced in such cases.  For several years Bill concentrated his practice in Probate and Guardianship including representing both Guardians and Wards. He has drafted wills and trust documents for clients.  He has also reviewed such documents for banks and advised banks on guardianship and probate issues.  He has represented clients in will contests and in actions to dissolve guardianships.