What a Probate Lawyer Wants You to Know

Planning for the future can feel overwhelming, but the right guidance can make all the difference. I recently sat down with Stephanie Freeman, Esq., a highly experienced probate lawyer, to talk about the importance of preparing legal documents like wills, powers of attorney, and guardianship designations.

As she explained:

“I'm an attorney who specializes in the area of trust and estates. That means that I write people's wills, powers of attorney, assist them in getting guardianship or conservatorship, and do probate administration, which means after someone dies, going to court with a family and taking care of their loved one's affairs.”

Estate planning often feels intimidating, but Stephanie’s insights show how it can actually provide peace of mind. Her perspective emphasizes not just the legal aspects, but the emotional relief that comes with having clear instructions in place.

Watch the Full Interview Here

Why End-of-Life Planning Matters

End-of-life planning can feel uncomfortable to think about, but it’s one of the most important steps a family can take. Stephanie explained:

“End-of-life planning is what happens to you before you pass away, but you're in a situation where you're not well or you want to make your wishes known… People can make those decisions before that situation arises and put it in writing.”

She stressed that families should begin this process as soon as possible:

“It’s always best to proceed from a position of strength. If your family knows what your wishes are, that makes life easier on everyone.”

This planning can include decisions such as whether to have a DNR (Do Not Resuscitate), artificial nutrition or hydration, or simply pain relief at the end of life. These conversations may feel challenging, but Stephanie reminds us that preparing early ensures family members are not left guessing or burdened with making painful choices in moments of crisis. By documenting your wishes, you are giving your loved ones a clear roadmap to follow.

Myths and Misconceptions

Many people hesitate to begin estate planning because of fear, cultural barriers, or misconceptions. Stephanie put it into perspective:

“We’re not going to die by talking about the end of life. These are natural processes. Death, unfortunately, will happen to all of us one day.”

She added that some people think they’re too young to worry about planning, while others avoid the topic due to cultural or religious beliefs. However, postponing these conversations only increases stress down the line.

“If you can overcome that resistance, it is only a benefit to you, and most importantly, to the people who are at your bedside.”

It’s important to realize that estate planning is not just for seniors or people facing health issues. Unexpected events can happen at any age. Stephanie highlights that even young adults benefit from having basic documents in place, especially if they own property, have children, or simply want their wishes respected.

The Role of Technology in Estate Planning

Although estate law has a reputation for being traditional, technology has made it much easier for families to prepare and share documents. Stephanie explained:

“It’s made it so much easier to share our documents with our friends and family, no matter where they are. That way, there’s no surprise if there’s an unfortunate event.”

In the past, access to wills or medical directives often required physical copies stored in safe deposit boxes or law offices. Today, families can store and securely share documents digitally, like using Caily’s Vault. This prevents delays during emergencies and ensures everyone involved has the information they need. Technology has also expanded access to education around estate planning, making resources more widely available.

Understanding Powers of Attorney

A critical part of an estate plan is assigning powers of attorney. Stephanie defined the roles:

“The person whose power of attorney it is, is called a principal. The people who they designate to take care of their business in the event they can’t, those are called agents.”

She outlined the two main types:

• Financial Power of Attorney: “The financial power of attorney is over your stuff: your business, your work, your bills.”
  
  
• Medical Power of Attorney: “The medical power of attorney is really over you: if you need care placement, if those advanced directives come into play.”

These documents can be broad or limited depending on your needs. Stephanie emphasizes that powers of attorney are customizable, meaning you can grant specific permissions or give comprehensive authority. Her advice for caregivers who find themselves in this role was simple but powerful:

“Number one, read it. Read the power of attorney very closely… and always put the principal’s interest above your own.”

She notes that agents should not only understand their responsibilities but also seek legal guidance when needed. Powers of attorney are not permanent and can be updated as life circumstances change, ensuring they always reflect the principal’s current wishes.

What Happens Without a Power of Attorney

Without these documents in place, families often face costly and stressful court proceedings. Stephanie explained:

“When there is no power in place, that’s when people have to go to court and ask the court, ‘Please appoint me.’ Now we are in court-appointed guardian land.”

She emphasized that this process can create unnecessary burdens:

“It can be very stressful and upsetting… It’s expensive. And it’s also an ongoing court relationship.”

Going through the court for guardianship not only delays urgent decision-making but also introduces the possibility of family conflict. Stephanie stressed that even when families agree, the legal process is demanding. When families disagree, the situation can escalate into litigation. By establishing powers of attorney early, families avoid the uncertainty and strain of this process.

Guardianship Explained

Sometimes, the only way forward is guardianship. According to the National Guardianship Association, guardianship is defined as “a legal process, utilized when a person can no longer make or communicate safe or sound decisions about his/her person and/or property or has become susceptible to fraud or undue influence.” Stephanie described when this becomes necessary:

“When you are trying to make decisions for your person and the healthcare professionals will not deal with you because you have no legal authority.”

She highlighted two main contexts: guardianship of minors when parents are unable to provide care, and guardianship of adults with incapacity when no power of attorney is in place. In both cases, court oversight is ongoing, and family conflicts may arise.

Guardianship is sometimes unavoidable, but Stephanie notes that it is often more complicated and costly than simply having powers of attorney in place. She encourages families to see guardianship as a last resort rather than the first solution.

Estate Planning Beyond Wills and POA

Estate planning isn’t only about finances. It also covers deeply personal choices like funeral arrangements, burial or cremation, and guardianship of children. Stephanie explained:

“In my practice, I prepare a nomination of guardian. Who do you choose while you’re alive and both parents are not able to care for their child?”

An estate plan ensures alignment across your trust and will, guardianship, and medical directives, giving your loved ones clarity and direction. These documents can also outline what happens to your remains: whether you prefer burial, cremation, or alternative options like green burial. By documenting these wishes, you relieve loved ones from making difficult choices during emotional times.

Key Takeaways from Stephanie Freeman, Esq.

Throughout the interview, one theme stood out: start early. Stephanie emphasized the power of clear communication and legal preparation:

“Communication is our friend… That way it’s known, there’s no nasty surprises later.”

Estate planning is about protecting your wishes, reducing burdens, and providing peace of mind for the people you love. The documents themselves are important, but so is the process of discussing them with your family. By talking openly, you remove uncertainty and foster understanding.

Learn More About Stephanie Freeman, Esq.

Stephanie offers a complimentary 30-minute consultation for anyone with questions about estate planning, powers of attorney, or guardianship.

• Phone: (722) 510-432
  
  
• Email: [email protected]
  
  
• LinkedIn: Stephanie Freeman, Esq.

Frequently Asked Questions

What is the difference between a will and a power of attorney?

A will only comes into effect after death, while a power of attorney is active while you’re alive but unable to act for yourself.

What happens if someone doesn’t have a power of attorney?

A court process may be required to appoint a guardianship attorney, which is often expensive, stressful, and involves ongoing oversight.

Can one person serve as both financial and medical power of attorney?

Yes, but many people choose different individuals based on skills and comfort level.

Is estate planning only for older people?

No. Unexpected events can happen at any age, and planning early gives peace of mind.

What does a probate lawyer do?

They assist families after someone passes away, helping with wills, probate court, and ensuring a loved one’s affairs are handled properly.