John Meyers —
Probate Lawyer, Lexington, KY
John Meyers is a probate lawyer in Lexington, KY with over 25 years’ experience in probate (also called estate administration) and estate planning. Mr. Meyers helps many clients ease the probate process, including:
- the administration of estates (also called “probate”),
- the administration of trusts,
- representing beneficiaries to protect their interests in an estate or trust,
- will contests,
- and other matters related to the administration of estates and trusts.
Mr. Meyers can be reached at (859) 552-5151.
Helping Executors and Administrators
Often, Mr. Meyers works with Executors or Administrators who have the role and responsibility of properly administering an estate. As a probate lawyer, Mr. Meyers helps these clients with many aspects of administering an estate, including:
- Counseling and advising clients on the estate administration process,
- Probating the will and having the executor or administrator appointed,
- Identifying and handling the assets of the estate,
- Preparing and filing an inventory and accountings for the estate,
- Arranging for the payment of claims against the estate, or disallowing invalid claims,
- Distributing net estate assets of the estate to the beneficiaries,
- And assisting with many other issues that can arise in the estate administration process.
This includes estates where a Will exists, and also estates where no valid Will exists.
Helping Estate and Trust Beneficiaries
Mr. Meyers also frequently represents beneficiaries of estates and trusts regarding their interests in the estate or trust. This may involve advising a beneficiary on:
- his or her rights in the estate or trust,
- monitoring and reviewing the actions and performance of the fiduciary (such as an executor, administrator, or trustee),
- dealing with the lawyer representing the fiduciary,
- representing the beneficiary in probate or other court hearings,
- and other activities to protect the beneficiary’s interest.
Will Contests
As a probate lawyer, Mr. Meyers sometimes represents clients seeking to have a Will determined legally invalid (called a “will contest”) or, alternatively, defending a client against a will contest brought by another person. Mr. Meyers can advise you on when and how to challenge a Will and seek to have it set aside.
A Will may be determined invalid because undue influence was exerted on the signer (who is often referred to as the “testator”), because of the incapacity of the testator to legally execute a Will (possibly due to age or illness), or for other reasons. If a Will is determined invalid, it is possible that a prior Will will then control the estate, or it is possible that no valid Will then exists and state law will control the distribution of the estate property.
Probate Lawyer / Trust Lawyer
In addition, as a probate lawyer Mr. Meyers provides advice and assistance to individual trustees on various aspects of their roles and responsibilities, including:
- the proper management of the trust assets consistent with the trustee’s fiduciary obligations,
- the balancing of competing interests to the trust, possibly by multiple beneficiaries,
- the use and distribution of the trust assets as directed by the trust,
- in appropriate situations, taking action to terminate a trust or modify a trust. Mr. Meyers can advise you when a termination or modification of a trust, even an irrevocable trust, can be achieved.
Estate Planning
Estate planning arrangements often include one or more of the following tools and documents (but note that Mr. Meyers is not taking on new estate planning clients at this time):
- Wills – to provide for the disposition of property upon death; to appoint executors to handle the estate administration process (or probate); and to appoint persons with the custody and care of minor children
- Trusts (including living trusts) – to provide for the management, control and disposition of property for oneself, one’s spouse, one’s children and other beneficiaries, during the client’s life and after death; to reduce or avoid probate; and other goals
- Powers of Attorney – to provide for the management of one’s property and financial affairs by another, particularly in the event of one’s absence or temporary or permanent incapacity
- Living Wills – to express one’s specific guidance and direction regarding health care, and the possible withdrawal of certain types of health care, in the event of certain health conditions
- Health Care Powers of Attorney (also known as Health Care Surrogate Appointments) – to appoint another to make certain health care decisions on one’s behalf in the event of incapacity or other inability to make or express such decisions
In the course of examining clients’ circumstances and creating appropriate estate plans, many important issues may be considered, such as:
- How should your assets be distributed?
- How should business succession issues be handled?
[For information about business law services, click here.] - What steps can be taken to provide for the custody and care of your minor children?
- How should the property and finances for your minor children be managed and protected?
- What are the roles and responsibilities of executors and trustees?
- How should you select, executors, trustees, and others?
- Should you be concerned about probate and a lawyer for that process?
- In what circumstances might a living trust or other type of trust be a useful planning tool?
- How should retirement plans, insurance policies be coordinated with your wills, living trusts, and other planning tools?