Probate and Trust Administration

The first step will be to determine whether or not a probate proceeding is required. If the estate is small enough and there are no disputes among the beneficiaries, the estate may be able to be distributed outside the probate court proceeding. Living trusts and real property held in joint tenancy are distributed outside the probate proceeding. The firm can also assist with Trust Administration and Transferring assets into the Trust that were not transferred into the Trust before the date of death.

Probate can be commenced either with or without a Will. If the decedent did not have a Will, then the court will appoint an administrator to perform many of the functions such as gathering assets and identifying the creditors of the decedent’s estate. If the decedent has a Will, then the Will generally names an executor of the estate. The executor assists the attorney in identifying the decedent’s assets and creditors and family members who will receive notice of the probate proceeding.

After the petition is filed, the creditors, family members and beneficiaries are notified by mail and by newspaper publication that the probate has commenced. The probate code requires a notice period of 120 days from the date on which the last notice is published in the newspaper. During this time, the attorney and executor or administrator work together to prepare an accounting of the value of the assets and the total mount and number of creditor claims that must be paid. If some of the assets need to be sold in order to distribute the proceeds or pay federal estate and income taxes, then the attorney and executor or administrator work together to accomplish this task with approval of the probate judge. The fees paid to executor or administrator and the attorney are paid by the estate, are fixed fees proscribed by statute, and must be approved by the judge. Once the accounting has been approved by the court, the net amount of the estate is distributed to the beneficiaries and the probate proceeding is closed.

Estate Planning

We prepare the following Estate Planning documents:

• Wills
• Living Trusts
• Marital Trusts
• Durable Power of Attorney

Probate Litigation

Litigation Will and or Trust Contests :

The Firm represents and protects the interests of beneficiaries in the event that the provisions of the Will or Trust are disputed. We have successfully prosecuted and defended:

• Beneficiary disputes
• Creditor claims
• Claims against trustees and executors
• Guardianship and Conservatorship issues