Settlement of Estates and Trusts
We assist clients with many forms of probate, including summary and formal administration. In addition, many estate and trust issues cannot be resolved without after death planning. This type of planning, known as post-mortem planning, also requires our attention and advice in many estates and trusts.
In each instance, this involves both testate (dying with a will) and intestate (dying without a will) situations. We advise clients through the entire probate process, from determining which probate procedure is appropriate and sometimes more importantly, necessary, to opening and closing of an estate. Our advice includes admitting a Will to probate, obtaining appointment of a personal representative and securing letters of administration, publishing notice to creditors, paying or objecting to creditors, preparing any required accountings, preparation of a plan of distribution, making final distributions, and discharging the personal representative. We appear in court where appropriate.
We also advise clients on settlement of trusts after death. Although no probate may be required or appropriate, we advise clients how to pay final bills and distribute assets from trust to settle a trust after death.
As part of the probate and trust administration process, we also advise clients how to properly address and transfer title to homestead real property.
During the entire post-mortem process, we also advise clients about tax elections and other similar actions that must be considered as part of the post-mortem process.