Estate Administration

Estate Administration
We assist individuals and corporate agents who have been appointed to administer decedents estates, trusts, and guardianship estates.

Decedents Estates: We work with the executor throughout the probate process, appearing in court when necessary, assisting with the collection and transfer of assets, resolution of claims against the estate, and final distribution of the assets upon completion of administration. We collaborate with the estate’s accountants to ensure that tax filing requirements of the executor are completed timely and properly.

Trust Administration: We work closely with the trustee during trust administration, assisting with identifying and collecting assets, preserving and maintaining trust assets, communicating with trust beneficiaries, and accomplishing the trust goals. We collaborate with corporate trustees, investment advisors, and trust accountants as necessary to support the trustee and complete the trust administration.

Guardianship Estate: We work with guardians for both disabled adult estates and minor estates. We appear on behalf of the guardian for regular court appearances, prepare annual accountings of the estate assets, and advise the guardian of options regarding care of the dependent.

Probate
Probate is the court-administered process of transferring assets (also known as the “probate estate”) an individual held in their own name at death. In most states today, probate is efficient and inexpensive.

The Probate process generally begins with the filing of the will by the executor in the appropriate state court. After formal appointment by the court (also called “letters of office”), the executor identifies and locates the assets, inventories them, pays debts, expenses and taxes, and distributes the balance of the probate estate per the decedent’s wishes.

If the will is a “pour-over” will, the probate assets will be distributed to the decedent’s trust. {for more about trusts and trust administration, click here}

Probate is public. When a will is filed in state court, it become public record. In addition, many states require the executor to publish a notice to creditors and potential heirs, disclosing the existence of the estate as well as the name and address of the executor and his attorney. The downside to the notice procedure is an additional loss of privacy, the upside is a shortening of the creditor claims period. Executors may elect to go through probate because, under the relevant state law, the period during which creditors can make claims is often shorter than the comparable period for revocable trusts.

 

What if I don’t have an estate?

Everyone has an estate.  An estate is simply the possessions you owned (in your name) at the time of your death.  Most people have a bank account.  This is considered part of your estate.  In addition, you may own a car, a house or a flat screen TV.  Someone has to oversee the disposition of your possessions.  An estate plan gives the person administering [KHG1] your estate direction and guidance during a difficult time.

What should I bring to the initial estate planning meeting?

Print this handy What to bring to my estate planning meeting guide.  You may not have all the items listed, bring what you have.