Legal Representation for Trust Administration and Probate

If your family has experienced the loss of a family member, our law firm can assist you with the legal process that occurs when a loved one passes away. Our law firm strongly believes that a wisely drafted, carefully executed estate plan is the critical component of a family’s wealth management. Our firm’s guiding principle is to provide families with quality Trust Administration and Probate services tailored to each client’s specific needs and goals.

We offer free, no obligation consultations for any family who has experienced the loss of a loved one.

Steps to Take with a Will

If your loved one had a Will, the family will go through a process called ProbateThis checklist outlines the steps to take when a loved one passes away with a Will.

Steps to Take with a Living Trust

If your loved one had a Living Trust, the family will go through a process called Trust AdministrationThis checklist outlines the steps to take when a loved passes away with a Trust.

Important Note:

Do not retitle any assets before speaking with a qualified estate planning attorney. That meeting should take place approximately two weeks after your loved one has passed.

Trust Administration and Probate Resources

BEREAVEMENT RESOURCES 

The Center for Loss of Life Transition is dedicated to furthering their understanding of -and compassion for- the complex set of emotions called grief. Their mission is to help both the bereaved, by walking with them in their unique life journeys, and bereavement caregivers, by serving as their educational liaison and professional forum.

The National Hospice and Palliative Care Organization (NHPCO) is the largest nonprofit membership organization representing hospice and palliative care programs in the United States. The organization is committed to improving end of life care and expanding access to hospice care with the goal of profoundly enhancing quality of life for people dying in America and their loved ones.

Grief, Loss & Recovery offers emotional support and friendship and provides a safe haven for bereaved persons to share their grief. This is a safe place for people to mourn–emotionally, physically and spiritually.

How to Know if You Need Extra Help with Your Grieving

By Mary Ann and James P. Emswiler

  1. Are you always irritable, annoyed, intolerant or angry these days?
  2. Do you experience an ongoing sense of numbness or of being isolated from your own self or from others? Do you usually feel that you have no one to talk to about what’s happened?
  3. Since your loved one died, are you highly anxious most of the time about your own death or the death of someone you love? Is it beginning to interfere with your relationships, your ability to concentrate or live as you would like to live?
  4. Do you feel that you are always and continually preoccupied with your loved one, his or her death or certain aspects of it even though it’s been several months since his or her death?
  5. Do you usually feel restless or in “high gear”? Do you feel the need to be constantly busy… beyond what’s normal for you?
  6. Are you afraid of becoming close to new people for fear of losing again?
  7. Do you find yourself acting in ways that might prove harmful to you over time: drinking more than you used to; using more prescription or non-prescription drugs; engaging in sexual activity that is unsafe or unwise; driving in an unsafe or reckless manner (beyond what’s normal for you); or entertaining serious thoughts about suicide?
  8. Are you taking on too much responsibility for surviving family members or close friends? (What’s too much responsibility? That varies greatly and depends on the situation, but if you’re feeling heavily burdened by it, angry or like the situation is “suffocating” you, it might be time to speak with someone.)
  9. Do your grief reactions continue, over time, to be limited in some way? Are you experiencing only a few of the reactions or emotions that usually come with grief? Are you unable to express your thoughts or feelings about your loved one and his or her death in words or in actions? Do you remember only certain aspects of your loved one or your relationship together, for example only the good parts as opposed to a more complete and balanced view of him or her?
  10. Is there some aspect of what you’re experiencing that makes you wonder about whether you’re normal or going crazy? Do you feel stuck in your grief in some way, unable to move on, even though it’s been quite some time since your loved one’s death?

Beyond these ten signs, trust your own judgment. If you think that talking to a professional might help, talk to one or more people to see who you are comfortable with. Take advantage of one who seems helpful to you. After all, grief is painful enough without trying to do it all by yourself.

Loss of a Loved One

If you have a loved one who has passed away, and you need guidance on what to do next, we can help.

If your loved one passed away with no estate plan or a Will

Dying without an estate plan, is called dying intestate. The estate will be subject to state intestacy laws and go through probate court. This means the division and distribution of the estate will be subject to a predetermined formula, usually providing half of the estate to a spouse, and the remaining half allocated in equal portions to the biological children.

A Will guarantees death probate. The probate court will take over at the time of death to make sure debts are paid, assets are distributed to heirs, and any loose ends are taken care of. All property that is controlled by the Will must go through the probate court. It is a demanding and challenging job, with many deadlines to be met, most of which are within nine months of the person’s death, the mourning period for the family.

Depending on the size of the estate, the complexity of the estate plan and the nature and extent of the assets involved, there may be additional demands placed on the executor.

If your loved one created a Living Trust

Your family will go through a process called Trust Administration. Upon death, the Successor Trustee must take steps to distribute Trust assets to beneficiaries and fulfill any other obligations of the Trust. We serve as counsel to the Trustee and provide assistance with the administrative duties required of the Trustee, and take advantage of any benefits offered by the Trust. When a Trust is not administered properly the Trustee runs the risk of causing the beneficiaries to pay penalties or additional fees. This checklist outlines the steps to take when a loved one passes away with a Trust.

Important Note:

Do not retitle any assets before speaking with a qualified estate planning attorney. That meeting should take place approximately two weeks after your loved one has passed.

If you have questions about any of our services, please do not hesitate to contact us or call us at 863-220-7927.

The Mourner's Bill of Rights

By Alan D. Wolfelt, Ph.D.

  1. You have the right to experience your own unique grief. No one else will grieve in exactly the same way you do. So, when you turn to others for help, don’t allow them to tell you what you should or should not be feeling.
  2. You have the right to talk about your grief. Talking about your grief will help you heal. Seek out others who will allow you to talk as much as you want, as often as you want about your grief.
  3. You have the right to feel a multitude of emotions. Confusion, disorientation, fear, guilt, and relief are just a few of the emotions you might feel as part of your grief journey. Others may try to tell you that feeling angry, for example, is wrong. Don’t take these judgmental responses to heart. Instead, find listeners who will accept your feelings without condition.
  4. You have the right to be tolerant of your physical and emotional limits. Your feelings of loss and sadness will probably leave you feeling fatigued. Respect what your body and mind are telling you. Get daily rest. Eat balanced meals. And don’t allow others to push you into doing things you don’t feel ready to do.
  5. You have the right to experience grief ”attacks.” Sometimes, out of nowhere, a powerful surge of grief may overcome you. This can be frightening, but it is normal and natural. Find someone who understands and will let you talk it out.
  6. You have the right to make use of ritual. The funeral ritual does more than acknowledge the death of someone. It helps provide you with the support of caring people. More important, the funeral is a way for you to mourn. If others tell you that rituals such as these are silly or unnecessary, don’t listen.
  7. You have the right to embrace your spirituality. If faith is a part of your life, express it in ways that seem appropriate to you. Allow yourself to be around people who understand and support your religious beliefs. If you feel angry at God, find someone to talk with who won’t be critical of your feelings of hurt and abandonment.
  8. You have the right to search for meaning. You may find yourself asking, “Why did she or he die? Why this way? Why now?” Some of your questions may have answers, but some may not. And watch out for the clichéd responses some people may give you. Comments like, “It was God’s will” or “Think of what you have to be thankful for” are not helpful and you do not have to accept them.
  9. You have the right to treasure your memories. Memories are one of the best legacies that exist after the death of someone loved. You will always remember. Instead of ignoring your memories, find others with whom you can share them.
  10. You have the right to move toward your grief and heal. Reconciling your grief will not happen quickly. Remember, grief is a process, not an event. Be patient and tolerant with yourself and avoid people who are impatient and intolerant with you. Neither you nor those around you must forget that the death of someone loved changes your life forever.

Trust Administration and Probate FAQs

For current Estate and Gift tax figures, click here.

  • What is Probate?

    Probate is designed to create a “final accounting” upon death. It is the legal process of “proving up” a Will, or verifying that a Will is valid, takes place in one of two instances. First, if a person dies leaving behind a Will, or second, if the deceased has died intestate, that is, has not left behind a Will or estate plan of any type or the Will cannot be found.

  • Does the Probate process take a long time?

    Depending on the complexity of the estate and the thoroughness with which accounting has been carried out before death, probate can either be a relatively simple task or a daunting one. Be aware that no matter the situation, probate may be a lengthy process often taking months or possibly years to play out, and one which may take a considerable amount of an executor’s time.


    To summarize the process, probate can be broken into six basic steps:


    • Validation of the Will
    • Appoint executor
    • Inventory estate
    • Pay claims against the estate
    • Pay estate taxes
    • Distribute remaining assets

    Each of these steps involve legal documentation and validation, and more importantly, proper accounting each step of the way.

  • What is Probate Court?

    Probate begins and ends with the special Probate Court set up in each state to handle estate issues. (Sometimes known as the Orphan’s or Chancery Court in certain states.) All actions taken regarding the estate are accountable to this court, and must be noted and reported regularly. This court is staffed by special judges qualified to oversee estate resolution issues.

  • Does the Trust Administration process take a long time?

    To summarize the process, trust administration can be broken into five basic steps:


    • Inventory assets
    • Determine estate tax
    • Division of trust assets
    • File the Federal and State tax forms
    • Distributions to beneficiaries

    Although the trust administration process seems relatively straightforward, there are several reasons it can sometimes be drawn out over several months or even years. The first step, the inventory of assets, must be completed before the trust administration can begin, and this can be difficult to complete depending upon the prior organization and the size and complexity of the decedent’s assets. Next, the 706 estate tax return must be filed within 9 months, or 15 months if an extension is filed. Often, it is prudent to wait until the last minute to file this form. If the spouse of the decedent is in failing health and may pass away before the deadline, then both 706 forms can be used to maximize tax advantages to the estate. The final step, asset distribution, cannot take place until the 706 has been filed, and even then should not take place until the “Closing Letter” is received from the IRS certifying acceptance of the 706 return. This closing letter will take a minimum of 6 to 8 months, and as long as 3 years, to arrive after the 706 is filed. In addition, there may be a state estate or inheritance tax return required, even if a federal return is not required.

  • I thought that a living trust avoids probate and attorney fees. Why do I have to pay more fees?

    While having a living trust can significantly reduce costs compared to probate, there is still a considerable amount of work to be done in properly administering even a simple living trust. The services of an attorney are required, and that person or firm should be compensated fairly for their services. It is important to remember that the fees allowed for trust administration are usually much lower than those for probate, and there is generally less work involved, as there is less involvement of the courts and state bureaucracy.

  • Can I pick and choose what assets go into the “B” trust?

    The answer depends upon the language of the trust document. Certain trusts include “pick and choose” language that allows trustees to selectively place assets into the “B” trust.

  • How do I transfer the car(s) into my name?

    If you are a relative of the deceased, this is simple in most states. To transfer the title of vehicles owned by the deceased, simply take the death certificate to the DMV, and perform the transfer, paying whatever fees they require. If not a relative, bringing along the will and or any trust documents indicating your status should be sufficient.

  • What do I do about Social Security?

    Social Security will continue to send out benefit checks until they are notified of an individual’s death. The executor/spouse/trustee should contact the local Social Security Administration office and notify them of the death, or if a benefit check is received, send it back with a letter notifying them. This is important. If checks continue to be deposited, the recipient can incur liability later when Social Security learns of the recipient’s death.

For more information, or to schedule a consultation, call us at 863-220-7927.

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