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Probate and Trust administration
Probate
Probate is the administrative or court process for transferring ownership of assets after death and settling the affairs of someone who dies. It takes between 6 to 18 months to complete. Courts will grant extensions of the time for probate when necessary. It is time consuming, has many court-imposed strict deadlines, and is often a complicated process.
For Personal Representatives:
- Many times, our clients are appointed personal representatives who have the responsibility and personal liability for properly administering the estate. We represent them in their capacity as personal representatives. We gather the necessary information, resolve all claims against the estate, file the necessary tax returns, complete the administrative and court documents, and facilitate the distribution of the decedent’s property.
For Beneficiaries:
- Other times, our clients are beneficiaries of an estate. We assist them in reviewing the probate documents. We represent their interests and help resolve any conflicts during the probate of the estate.
The initial information needed to represent our clients is requested in the Probate Questionnaire We ask that our clients come to our first meeting with this completed as much as possible. We also request that our clients bring in the decedent’s original estate planning documents (will, trust, marital property agreement, etc.), if they have them, or a copy if they are in the possession of someone else. If the person who died has no estate planning documents, our clients need to verify that a diligent search for these documents has been made.
TRUST ADMINISTRATION:
Trust administration is the way in which a trustee of a trust holds, protects, invests and distributes trust income and assets. Trustees must follow the trust. They cannot do anything that is not authorized by the trust. Trustees are held to a high standard of conduct because they are handling other people’s money. Consequently, trustees face the risk of personal liability.
For Trustees:
- Often times, we represent trustees in administering a trust. We advise them about their duties and powers. When a trust provision is vague, we assist them in obtaining clarification from the court and/or waivers from the beneficiaries. We counsel them on all aspects of the performance of their obligations including communication with courts, beneficiaries and others. We assist in all aspects of tax return preparation for the trust.
For Beneficiaries:
- Other times, we represent trust beneficiaries. We assist them in making requests for distributions and reviewing trust accountings and notices. We represent their interests in any litigation that results.
The initial information needed to represent our clients is requested in the Trust Administration Questionnaire. We request that our clients come to our first meeting with this completed as much as possible. Also, we request that our clients bring in the original estate planning documents (will, trust, marital property agreement, etc.), if they have them, or a copy if they are in the possession of someone else.
