PROBATE & TRUST ADMINISTRATION
Our Focus
When a family member appoints a client as a fiduciary, we are prepared to assist with all of the professional talents needed. The administration of an estate or trust is often times consuming and can present complicated legal and tax issues. Our law frim has the education and expertise to guide clients through the successful administration of estates and trusts.
Why Choose Us?
With decades of experience, our Law Firm is known for its successful track record and expertise in Probate & Trust Administration law. Our attorneys have prepared and effectuated estate plans for thousands of clients. As a result, we are aware of potential pitfalls in estate planning documents that were either improperly executed or otherwise have some claimed defect. We have appeared in Probate Courts both on the side of requesting that a Court set aside, as well as defending a legal attack against, an estate plan.
Legal costs are managed by the use of our well-trained and experienced legal assistants (always supervised by an attorney) to assist the client with valuation issues, contact and information for beneficiaries and preparing all required inventories, accounts, tax returns and legally required court or agency filings.
Our Approach
If guardianship or conservatorship become necessary, our attorneys are available to prepare the necessary documents and appear in court to obtain the appointment of needed fiduciaries and to assist in the management of those estates in compliance with all applicable laws.
Probate Administration
Probate administration not only involves the affairs of a decedent but also addresses adult guardianship and conservatorship issues for those adults who are incapacitated as well as dealing with minor guardianships and conservatorships. It includes:
- Filing of initial petitions to commence proceedings
- Proper service of the interested parties at the time of commencing Probate proceedings
- Timely attendance at initial and subsequent Probate Court hearings
- Filing proper documents upon the appointment of a fiduciary, including surety or personal bond, Inventories, Acceptance of Trust, etc.
- Complying with annual filing and notice requirements
- Complying with all applicable tax requirements
Trust Administration
The administration of a Trust by the Successor Trustee, after the demise of the original Grantor (or following the Grantor’s incapacity), can provide various challenges as their duties cross an array of legal issues. Using good and constant communication skills with the beneficiaries and interested parties will go a long way to administering the Trust and discharging the duties as a Trustee in an expedient, efficient and timely manner and may help avoid delays or conflicts. Listed below are some of the duties and responsibilities of a Trustee to consider.
- Review and understand estate planning documents
- Immediately address funeral, burial and related expenses
- Confer with necessary legal, financial or tax advisors
- Address division or securing of personal effects
- Provide statutory notices to beneficiaries
- Comply with statutorily required claims publication
- Identify, accumulate and secure all Trust assets
- Timely address any individual or Trust liabilities
- Comply with all tax filing requirements.