Practice Areas

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Probate is the legal process through which your Estate is administered after you die.

• Assist the Personal Representative with navigating through the probate process.
• Draft and file all Petitions, Accountings, and all necessary documents with the Register of Wills/Court.
• Obtain valuations of all Estate property.
• Negotiate with Estate creditors.
• Assist in the transfer/selling of Estate assets.

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If it has been more than three years since you’ve looked at your estate plan, it is important to meet with an attorney to make sure everything is in order. It is not uncommon to go through life changes that can affect your estate plan such as divorce, death, new children, grandchildren or new assets that may warrant a modification in your plan. Also, make sure your Durable Power of Attorney and Living Will/Advanced Directives are current. The Law Office Of Brian M. Spern can inform you of all the details that are involved in estate planning so that you can proceed with guidance and confidence. Our legal practice concentrates on the following areas:

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Why Do You Need an Estate Plan?

The primary purpose of estate planning is to preserve your wealth and try to ensure that what you spent a lifetime achieving is transferred to the proper, designated beneficiaries at the time and in the manner you chose with minimal costs, tax burdens, and the least amount of pain and suffering. The estate planning objectives that most people have can be grouped into two major categories: financial and non-financial. Most of us have accumulated some kind of financial wealth, that is, things that can be measured monetarily. We have also accumulated non-financial things, or personal possessions. These are items that mean a lot to us like heirlooms and family traditions. Both of these should be accounted for in your estate plan. Estate planning can be a bit daunting due to the numerous federal and state laws and potential estate and income taxes. It can also get confusing as many of today’s families are split and/or combined with additional members throughout the years. Having a professional who is well-versed in estate law can simplify the process.

Important Estate Planning Documents:

Documents to draft and keep updated. Working with a lawyer is recommended!

  Your Will: First and foremost, you should have a will - and keep it updated.

  Living Will, Advance Directive, Health Proxy and Durable Powers of Attorney for medical wishes. Your family members will not be left guessing your wishes if you have clear instructions that are expressed in these documents.

  Durable Financial Power of Attorney for financial activities should you become incapacitated.

  Review of all beneficiary designation forms on all of your Trusts, retirement accounts and life insurance policies. Many people feel that if they have a will, retirement accounts and life insurance policies will be distributed according to these documents. Please be aware that the beneficiaries designated on your retirement accounts and life insurance policies will override everything – including your will, trust or any other estate plan. Make sure that the beneficiaries are consistent in all cases.

  Review titles on all non-retirement and non-life insurance assets. For example, joint tenants, will override everything, including your Will, trust, and any other estate plan.

Most Common Estate Planning Mistakes?

Avoiding these eight mistakes can help make life easier for those who survive you. Learn how to plan ahead and get the support you need with an estate planning attorney / lawyer. Read the full article here

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Find Brian's Estate Planning page at Financial 1 Tax.

• Purchase, sale, acquisitions, refinancing and property transfer documents
• Preparation of Easements and Rights of Way
• Preparation of Deeds of Trust and Mortgages
• Reviewing Contracts of Sale or Purchase
• Boundary disputes
• Adverse possession

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Brian M. Spern has 23 years of experience litigating civil jury and bench trials. Mr. Spern’s legal practice handles all types of situations in civil litigation, including the following disputes:

• Contract
• Real Estate
• Torts
• Business

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Representing the interests of tenants and landlords in landlord/tenant disputes in both district court and circuit court proceedings, including the following:

• Failure to Pay Rent actions
• Tenant Holding Over actions
• Wrongful Detainer actions
• Breach of Lease actions
• Rent Escrow actions
• Security Deposit actions
• Property damage/personal injury actions

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• Formation
• Operations
• Reorganization
• Contracts (review and drafting)
• Licensing
• Commercial Lease Agreements
• Powers of Attorney (full, limited & statutory)
• Civil Disputes & Business Succession Planning

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• Property Deed Modification
• Deed Transfers
• Quitclaim Deeds
• Warranty Deeds
• Special Warrant Deeds
• Deeds in Lieu of Foreclosure
• Condominium Deeds
• Corporation Deeds
• LLC Deeds
• Trustee Deeds
• Deeds Reserving Life Estate & More Deeds

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