Trust, Estate and Probate

Trust Administration

The Trustee manages and distributes assets of deceased persons who had Living Trusts. This process does not involve the courts when the trust was properly funded prior to death.  The debts of the decedent are paid by the trustee first, then the assets are distributed in whatever way the decedent specified in the trust.

Probate Administration

When the decedent has only a will or no estate plan, a probate administration becomes necessary.  A Court oversees the administration of a probate estate.  When all of the assets are inventoried, the debts of the decedent and the estate paid, the remaining assets may be distributed to the heirs.  Once the distribution is complete, the personal representative provides the heirs and the court with a final accounting and a closing statement, and the probate is closed.

Conservatorship

A conservatorship is a court case where a judge appoints a responsible person or organization (called the “conservator”) to care for another adult (called the “conservatee”) who cannot care for himself or herself or manage his or her own finances

Will or Trust Contest

A will or trust contest is a formal objection against the validity of a will or trust based on the contention the document does not reflect the desire or will of the person who executed the document. 

Financial Elder Abuse

A trust individual such as a family member, caregiver or friend, slowly gains controls over the senior's financial assets.  Lies, threats, isolation are used to coerce the elder to give up control.  Too many times, a new estate plan is executed in favor of the bad actor and disinheriting the other children or family members. 

Beneficiary Litigation

A beneficiary can be the victim of fiduciary (whether a trustee, administrator, executor or conservator) when the fiduciary does not understand or intentionally does not follow their legal obligations. 

Trustee Surcharge Litigation

Surcharge litigation occurs when the court is asked to redress a wrong by holding the executor or trustee financially responsible for the harm caused to the trust. 

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