Probate and Trust Administration

Many people have been frightened into thinking that the Probate process is cumbersome and overly expensive.  This usually is because they have attended a “free seminar” designed to sell them a Revocable Trust.  The truth is, Probate is an efficient and cost-effective way to handle the collection and distribution of a person’s estate.

While this may sound very straight-forward and simple, I do not recommend that you ever attempt to probate an estate without the assistance of a qualified attorney.  There are many important details that must be handled and would be very difficult for anyone not experienced in probate law to handle on their own.

In the long run, you are much better off to retain the services of an experienced Probate attorney to assist you with this most important legal matter.

If you have experienced a death in your family, contact me to schedule a no charge initial consultation to discuss your questions to see if a probate of the decedent’s estate is necessary. 

Trust Administration

Trust Administration involves managing, directing, supervising, and advising the Trustee to ensure the instructions in the Trust are properly followed.  The majority of my clients who have established Revocable or Irrevocable Trusts for their own benefit require very little, if any, assistance administering their Trusts during their lifetime.

I am usually called upon after the person who has made the Trust has either become disabled or has passed away.

When the person who created the Trust (the Trustor) has died, the Trust will normally terminate rather quickly after that individual’s death.  I can help the Trustee liquidate the assets, assist in the payment of debts and taxes, and see to the proper distribution and termination of the Trust.

There are some instances where a Trust might continue for the benefit of an adult under a disability, or a child who has not yet reached the age of majority.

A significant benefit of utilizing a trust is the avoidance of the necessity of having to go through Probate Court to obtain the appointment of a Personal Representative (also known as an Executor) to gain access to, and distribute, its assets.  A Successor Trustee has continuing authority to manage the Trust assets according to the instructions contained in the Trust.

If you have been named a Successor Trustee in a family member’s Trust, you should contact me to find out exactly what your duties and responsibilities are, or will be, when you assume the duties as Trustee.