Estate & Trust Administration
We assist our clients who are appointed to serve in fiduciary capacities (executors and administrators of an estate, trustees of trusts, and agents acting under powers of attorney) to successfully navigate through the administration process, carry out the provisions of controlling documents, fulfil their fiduciary duties, and avoid liability. We also assist clients who are beneficiaries of estates or trusts to ensure that their rights are protected. Additionally, in limited situations, our attorneys who are experienced in this area will accept fiduciary appointments or agree to serve as a trust protector.
We provide legal services for:
Probate is a court procedure for authenticating a will of a person who has passed away. Probate administration involves the court supervised process for administration of the “estate” of a deceased person. If the deceased person had a Will (testate), the Will provides instructions for the probate administration; if the deceased person did not have a Will (intestate), state law controls who will benefit from the deceased person’s estate. During the probate administration, all assets must be identified and assessed for total value, taxes and debts must be paid, and the remaining value of the estate must be distributed.
Estate and trust administration refers to collecting and managing the assets of the estate or trust, paying any debts and taxes, and distributing the assets in accordance with the Will, trust, or, in intestacy, state law.
The attorneys practicing in this area will accept, on a limited basis, appointments as a trustee, trust protector, guardian, conservator, attorney-in-fact, or executor. Such appointments require consideration of alternatives to the attorney’s appointment and agreement to the firm’s policies regarding fees.