Probate and/or estate matters often involve court proceedings to carry out the last will and testament of a deceased person. Generally speaking, when a testator creates a will, a court proceeding is started to administer the estate and carry out the wishes of deceased person according to their will. Similarly, if the deceased person left no will, default legal rules apply to ensure the property of the deceased person is distributed to the heirs.  If an individual maintained their property in trust at their death, another set of legal rules apply.

In addition to court involvement to administer a decedent’s estate, often times there must be communication with financial institutions, creditors of the estate, debtors to the estate, family members, and heirs and beneficiaries.    There may be other alternatives to probate court depending on the circumstances.  To discuss a probate or estate matter, please call our office.

In the event a deceased person held all of their property held in a living trust, the trust estate must also be administered to ensure that the settlor’s wishes are followed, claims are paid, debts are settled, taxes are paid, assets are collected or recovered and the beneficiaries receive what they are entitled to from the estate or trust.   Similarly, this often involves communicating with financial institutions, creditors of the estate, debtors of the estate, family members, and heirs and beneficiaries.   There may be strategic reasons for opening an estate even if all of the decedent’s property was held in trust at their death.

When a beneficiary or heir has concerns regarding the validity of the decedent’s last will and testament, or the trust instrument that was created by the deceased person, this can result in litigation.   The beneficiary or heir may have concerns regarding how the estate or trust is being administered or managed by the fiduciary.  When this happens, litigation within the estate or trust may occur and the estate or trust may become litigated for any number of reasons.  The following are common probate and estate litigation cases:

• Executor or administrator fee disputes
• Citations to discover assets of the estate
• Citations to recover estate assets of the estate
• Breach of fiduciary duty by the executor or administrator or trustee.
• Will contests
• Lack of mental capacity to form a will or trust
• Will construction or interpretation
• Trust contents
• Trust construction or interpretation
• Mismanagement of estate or trust
• Removal of estate representative

There are other reasons an estate may become litigated or it is necessary to file or defend litigation in the context of an estate or trust.   If you are concerned about the management of an estate or trust, please call our office.

Refers to creating and signing documents that direct how your affairs should be dealt with after your death, or after your incapacity, and how your assets should be distributed.

This is a document that anyone with assets or children or both should maintain.   It will direct who is in charge of your estate, who receives your assets after death, how claims against your estate (if any) are handled, who will be the guardian of your minor children, and many other important matters.  Having a clear will or estate plan can prevent unnecessary litigation after you pass away.

Powers of attorney are part of an estate plan.  They direct who makes healthcare decisions and financial decisions for your if you are unable to make your own decisions.  Having powers of attorney in place can held prevent guardianship proceedings which are very costly and involve reporting to the court while you are alive.   Powers of attorney allow you to address many issues regarding what happens to your assets or healthcare in the event you are no longer able to decide for yourself because of mental incapacity.

Trusts are comprehensive documents that allow you greater control with regard to distributing your estate.  Having a trust and all of your assets transferred into trust can also allow your estate to avoid probate court.