Estate And Trust Administration And Probate Litigation
Estate and trust administration are important aspects of ensuring that an individual’s wishes are followed after his or her death and that his or her beneficiaries are protected. At Monahan Law Group, LLC, we have an established estate and trust administration practice designed to assist our clients in efficiently resolving issues regarding estate and trust assets, debts and disputes. We have decades of experience guiding estate and trust administrators through these necessary processes.
Representation In Probate Proceedings
If an individual has only a will and no other estate planning documents, his or her estate likely will be
subject to probate. Probate refers to the legal process for establishing the validity of a will (in cases where the deceased person executed one), paying debts of the estate and distributing remaining estate assets.
The representative of a decedent’s estate has a duty to appropriately and efficiently manage and administer the estate. This includes notifying beneficiaries and creditors, gathering and investing assets where appropriate, negotiating and paying debts of the estate, and addressing tax issues. Administration can become even more complicated when creditors or significant assets are involved, or when family members or others disagree as to how to resolve estate issues.
As experienced probate practitioners, we are skilled in probate procedures and requirements. We regularly appear before the probate court in both contested and uncontested probate matters, assisting our clients in all aspects of probate law, including:
- Reviewing estate planning documents and counseling clients as to whether probating a decedent’s estate is necessary
- Providing legal representation to executors and administrators of decedents’ estates
- Representing legatees and heirs in challenging the admission of a will to probate, the appointment of an independent administrator or the estate representative’s actions in the decedent’s estate
- Representing creditors of a decedent’s estate
- Providing estate planning and counseling services to assist clients in avoiding the probate process post-death
We understand that some matters are time-sensitive. We are prepared to act with urgency when necessary to ensure that your matter is resolved efficiently and effectively.
Guiding Trustees Through Trust Administration
Probate can often be avoided if a person has a properly drafted and funded trust. Although the court may not be involved in overseeing the administration of a trust, the trustee of the trust nevertheless has many of the same responsibilities as a representative in probate proceedings.
The trustee has a duty to appropriately administer the trust, which includes notifying trust beneficiaries, collecting and investing trust assets, paying debts, and addressing tax issues. Fulfilling these requirements often takes significant time, effort and knowledge of trust law.
At Monahan Law Group, LLC, we understand that many trustees have little experience serving as a fiduciary. Our goal is to make this process as simple as possible. Our attorneys regularly assist our clients in interpreting the terms of a trust and in carrying out all aspects of their legal responsibilities as trustee.
Experienced Trust Litigation Attorneys
Although one of the main purposes of creating a trust is to avoid court supervision, parties can involve the court to challenge either the trust itself or the trustee’s actions taken under the trust. Our attorneys have experience representing both sides in trust litigation, whether initiating action on behalf of a beneficiary or defending trustees in actions filed against them.