Practice Areas
Sigler & Nelson LLC provides caring and cost-effective legal services to individuals and small businesses looking to protect their assets both now and in the future.
Elder Law
Elder Law is not one specific area but instead focuses on the legal issues confronted by the senior client and their families and advisers. These issues include estate planning, estate litigation, and planning for long-term care along with protection against fraud and financial exploitation.
The complications that can arise from any of these issues underscores the importance of making the right decision. Many seniors are concerned about how to cope financially, emotionally and physically with the future. Our goal is to ensure that each client has the opportunity to choose which strategies are most appropriate for them.
Whether you are a parent preparing for retirement or a family member caring for an aging parent, together we will find the best plan for you.
Probate Litigation
When litigation becomes necessary in a probate matter, the process can be both very complicated and emotionally draining. Although our firm makes every attempt to resolve disputes using mediation or other alternative methods, some issues are best resolved by going through the courts. Having experienced legal advice to rely on as you face these issues gives you and your family a better chance to resolve the dispute in a cost-effective manner.
Common Probate Litigation Issues
Probate litigation often involves emotionally charged issues. If efforts to amicably resolve the issue fail, it is our task to develop a legal strategy that guides you through the probate litigation process. Some of the common issues that arise causing probate litigation include disagreements about:
- Whether the principal person had capacity or was under undue influence
- Inheritance
- Gifts to a minor child or disabled adult child or spouse
- Whether a Will or Trust is valid
- Common law marriages
- Divorced family members
- Writing a child or family member out of a will
Guardianships & Conservatorships
As we grow older there are unfortunately times when a family member or loved one has become incapable of making independent decisions. This situation is frequently made more complex when the affected person has not created a financial or medical durable power of attorney. In these instances the court may be asked to appoint a legal Guardian to manage the person’s personal affairs or appoint a conservator to manage that person’s financial affairs.
In many instances the probate court will grant this power to a spouse, an adult child, a sibling of the person, or an independent third party professional. We represent people involved in obtaining the guardianship and conservatorship process. We will work with you to find solutions of disputes that meet the needs of your family member.
Contested Guardianship and Conservatorship Issues
Most families work together, but there are times when ongoing family disputes make mutual cooperation difficult. There are times when family members end up in court over who should be appointed as legal guardian and/or conservator. Contested conservatorship and guardianship proceedings usually result from long-standing divisions within a family and the issues for family members frequently involve money and control. The individual who is the subject of such proceedings is sometimes reluctant to relinquish control and wants a say in who will make decisions for them if a guardian or conservator is appointed.
We work with people in a variety of contested guardianship and conservatorship proceedings such as:
- Whether an individual is incapacitated to the extent that a guardian or conservator needs to be appointed
- Who should serve as guardian or conservator
- Allegations of conservatorship and guardianship fraud or abuse
Our focus is on creating resolutions that are in the best interest of the disabled person, while doing our best to promote family harmony to the extent reasonably possible.
Estate Planning
An estate isn’t just created after your death. It includes everything you own today, and the way you handle your estate can have long-lasting effects on you and your family.
Estate planning is a complicated process that can involve some or all of the following:
- Wills and Living Wills
- Advance Directives
- Powers of Attorney
- Guardianships and Conservatorships
- Revocable and Irrevocable Trusts
- Asset Protection Planning
- Business Succession Planning
Dealing with all of these decisions can be incredibly overwhelming, and unfortunately, people often avoid estate planning until a crisis arises.
Our firm breaks down the process for clients, and listens to their concerns. We provide options and let you chose what is right for you. Estate planning is a fundamental step towards ensuring that my clients’ wishes are honored and their loved ones are provided for.
Bankruptcy and Asset Protection
The word alone sends chills down your spine. Making the decision to file is one of the most personal and difficult choices anyone will face and you may feel as though you have a thousand different questions. That’s where I come in.
We offer individualized attention to each client throughout the course of the bankruptcy proceedings. Our goal is to ensure that my clients are fully informed during each step of the bankruptcy process along with the alternatives that may be available. If you have received a foreclosure notice or are struggling with debt, you owe it to yourself and your family to talk with an attorney who can help.
We understand the late nights of worrying our clients go through. The important part is that they’re not alone. Bankruptcy isn’t an ending, but a process for a beginning.