Probate

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The best way to ensure your probate is done right is to choose your attorney wisely. Do not assume that all attorneys are the same!  Too many lawyers only “dabble” in probate or trusts. Don’t choose a lawyer who does probate as a sideline because these lawyers often blunder causing real problems for their client and their cases often take longer than those handled by experienced probate lawyers.

You don’t have to use the attorney who prepared the Will either! Just because a particular attorney prepared the Will, does not mean that attorney must handle the probate, nor are they necessarily the right person for the job. You need to be comfortable with the attorney and confident that they are the right attorney for you. Choosing your probate or trust lawyer is one of the most important decisions you will make. If you put in the time and effort to find the right lawyer, you will be rewarded with a skillful guide who will help you navigate the probate process.

Trust Administration

When someone creates a trust as part of their estate plan, they must name a trustee to ensure the trust’s terms are handled properly. These individuals must carry out all of the trust’s instructions, and they’re legally responsible for doing so within the scope of federal and state law. Such duties are known as trust administration.

Serving in this capacity entails a huge level of responsibility and liability. What’s more, most people named as trustee will have limited, if any, background or experience in the legal and financial duties that come with administering a trust. In this case, the trust administration lawyers at Bowers & del Peral, PLLC can work with the trustee to ensure the trust is administered properly and all legal requirements are satisfied.

As your Personal Family Lawyer, we work closely with the family, beneficiaries, and other advisors to ensure the decedent's trust assets are collected, debts are paid, and the remaining assets are distributed to the named trust beneficiaries, or to the heirs of the estate. Depending on the type of trust involved, assets may be distributed outright to the named beneficiaries, or they might be held in trust for the future benefit of the named beneficiaries. If there is no trust, assets will either be distributed outright to heirs named in a will, or by statute, or held by a guardian named by the court until an heir reaches the age of majority.

During this time, we may also need to have appraisals of major assets completed in order to get a clear picture of what the decedent's net worth was for estate tax purposes. Additionally, the title of trustor other estate assets may need to be changed to indicate new ownership by the named beneficiary outright or under a continuing trust. 

All of this can be hugely complicated and time consuming, but our trust and estate administration lawyers will transfer assets as quickly and smoothly as possible, resolve outstanding issues, and ensure that everything occurs within the applicable legal deadlines. 

Below, we’ve outlined some of our most common trust and estate administration services. We can accomplish the following duties without unnecessary delay and with utmost respect for your personal privacy and your family relationships.

● Identification, collection, and determination of values of assets

● Payment of all debts, expenses, and taxes from estate and trust assets, with submission of regular accountings

● Advice as to disposition of jointly held assets, life insurance, and retirement benefits that pass outside a will or trust

● Preparation of state and federal, gift, generation-skipping transfer, and gift tax returns

● Notifying all heirs and beneficiaries of the trust or estate

● Communicating with beneficiaries

Our primary objective is to make this process as easy as possible for you, and minimize the impact of going to court, while also keeping your family out of conflict.

Contact Bowers & del Peral, PLLC for a complimentary post-death estate review

If you’re ready to get started with the probate or estate administration process after the passing of a loved one, please contact our experienced probate attorneys at (518) 392-9550 to schedule a complimentary 15-minute consultation  to help determine your next best steps. We are here in service to making this all as easy as possible on you. 

During this appointment, we will answer your questions about probate and guide you and your family through the next best steps.  We are committed to helping you administer your loved one’s estate as quickly and efficiently as possible, and look forward to relieving any administrative or legal burdens you may face during this time of loss.