Probate and Trust Administration
PROBATE AND TRUST ADMINISTRATION
The life we live on this earth does not end the moment that our heart stops beating. Bills must be paid, taxes must be paid, legal notices filed, and assets must be transferred to their new owners.
VanNess Law PLLC is here to guide you through this process.
If this is your first time handling an estate, it can be a daunting and confusing process. The honor of a friend or family member nominating you as Personal Representative and/or Trustee comes with great responsibility.
VanNess Law PLLC represents Personal Representatives and Trustees to use their knowledge and experiences to help their clients. Costs can often be paid as an expense of the estate and/or trust.
Please click HERE for a glossary of important terms related to probate and trust administration.
If an individual owns assets in their individual name that do not pass by “operation of law” such as beneficiary designation, the assets must be probated in the County Court where the decedent died. An asset may avoid probate if the asset: (i) is titled jointly with survivorship; (ii) passes by operation of law (i.e. beneficiary designation, payable on death, contract or otherwise) or (iii) is titled a trust.
Probate is the court-supervised legal process of validating a will (if any), paying debts, and distributing assets after death. Typically, a Personal Representative is nominated in the Will (if any) and must be appointed by the court. Frequently the Personal Representative is required to be represented by an attorney.
If you have questions about an estate that you are nominated as Personal Representative of, contact VanNess Law PLLC for a no charge consultation.
To the extent that assets are owned in a trust when an individual dies, the trust must be administered according to its terms. Typically, a successor Trustee is appointed in the trust to take over the management of the trust.
Generally the trustee of the trust must follow the terms of the trust and state law to pay final expenses, identify and marshall trust assets, and distribute the trust assets pursuant to the trust terms. Certain legal requirements must be met before trust assets can be distributed. If you are a Trustee and need assistance administering a trust, please contact VanNess Law PLLC.
