Probate, Trust and Estate Administration

Probate, Trust and Estate Administration

Our law group has helped executors and other fiduciaries in the administration of estates. We guide or clients which at times are estate executors or administrators and help them facilitate their important duties when it comes to every aspect of the administration. Our legal advice is available from the very first estate decisions to the very last distribution of assets to the beneficiaries. Without the proper guidance, probate and trust administration can be an overwhelming process. We can help with common administration hurdles such as:

  • Beneficiary Rights: Named beneficiaries to a deceased person’s estate have rights to the estate and the inheritable assets that the deceased left to them. The beneficiary’s rights may come second to the rights of the creditors if the estate holds more debts than disposable assets.
  • Will Contests: A formal objection (caveat) raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the deceased.
  • IRS Form 706: Filing a federal estate tax return that is required within nine months after the death of a loved one for qualifying estates, state tax purposes or electing “portability” of the estate tax exemption.
  • Executor Services/Duties: Executors have many responsibilities to ensure that the financial and legal affairs of the deceased are completed, including distributing death certificates, canceling government benefits (Social Security, Medicare, etc.), paying bills and distributing assets.
  • Creditor Claim Disputes: Claims by the creditors of the deceased that arise before, at or after death, which include certain taxes, debts, funeral and burial expenses and attorney fees.