Probate and Trust Administration

There are certain life events, such as death or disability, in which one person may be called upon to manage the personal or financial affairs (the “estate”) of another. The following information concerns the administration of the affairs of the deceased. For more information regarding guardianship estates for a minor or a person with a disability, please click here.

When a loved one dies, the process of managing the decedent’s final affairs can be a daunting task for any family, with or without the guidance of a will, trust, or other documents. Will it be necessary to open a case in the probate court? Does an estate tax return need to be filed? What should I do if I am named as a beneficiary in a will or trust? What should I do first if I am named as an executor or trustee? How do the decedent’s bills get paid? These are just some of the questions that may arise following the death of a loved one.

Estate administration often includes handling a variety of matters, such as the sale of real estate, paying creditors, locating and collecting the decedent’s assets, and issuing distributions to beneficiaries. When a decedent’s estate is required to be administered through the probate court, the administrator is further confronted with navigating the unique and complex world of probate law and fulfilling requirements imposed by the court. The executor or trustee may be required to file state and/or Federal estate tax returns, negotiate the buyout of business interests, and/or handle difficult assets like racehorses or valuable artwork. Those charged with handling a loved one’s final affairs may find themselves overwhelmed and in unchartered territory.

Our attorneys guide clients through the estate and trust administration processes each and every step of the way. Our attorneys and staff are experienced in the administration of all manner of probate, non-probate, and trust matters. We will assist you to determine when court intervention is necessary or appropriate, what post-mortem tax planning may be beneficial, and work with tax, accounting, and other professionals on your behalf. We are experienced in preparing estate tax returns and providing support in the administration of all manner of irrevocable trusts. Our team will provide you with the advice and counsel necessary to ensure that your loved one’s assets are collected, debts are paid, and property distributions are made efficiently and professionally.

We not only represent those who are entrusted to administer the trusts and estates of loved ones, but we also are experienced in representing estate and trust beneficiaries and other parties that may have rights or otherwise be involved in the administration of a decedent’s estate or trust. We are committed toward the amicable, reasonable, and fair administration of decedent’s estates and trusts.

Contested Estates and Trust Litigation

After the death of a loved one, it is always the hope that those left behind can grieve and honor the memory of that person in peace and with dignity. However, adversarial situations sometimes do arise. Disputes may arise before or during the administration process. There may be disagreements about the validity of the will, the competency of the testator, a beneficiary’s undue influence over the testator during his or her lifetime, as well as the interpretation of the terms of a will. During the administration of a will or a trust, creditors may attempt to lay claim to the decedent’s assets or beneficiaries may question or challenge the actions of a trustee or executor. Because these contentious situations often involve family members, they can be emotionally destructive and highly stressful for those involved. Legal support and intervention is often the only solution to these complicated problems.

Our attorneys understand that these scenarios can be complex from both a legal and emotional standpoint. When feuds erupt between family members, our team is prepared to be both an emotional and a legal buffer between parties. When court intervention is necessary, we are prepared to zealously represent our clients through tough, focused litigation strategies. Whether you are trying to defend a trust or an estate from a collateral attack or whether you are trying to challenge the validity of a trust or a will, it is critical to have experienced advocates on your team.

Our attorneys litigate all manner of estate, trust, guardianship, and will disputes, including claims for breach of fiduciary duty, undue influence, intentional interference with an inheritance or expectancy, lack of capacity, claims against an estate, recovery of wrongfully removed or stolen assets, and disputes over the administration of a trust. The experience and diligence our attorneys bring to bear provide clients with the resources to make good decisions on resolution options—settlement, mediation, or trial. In all cases, our wealth of experience representing trustees, executors, beneficiaries, and other parties to litigation has prepared us to provide you with the personal and legal support required to resolve a contested trust or estate.