Probate & Trust Administration Law
National Reputation for Expertise in This Very Specialized Area of Law.
With decades of experience, Lipson Neilson is known for its successful track record and expertise in Probate & Trust Administration law. Our attorneys have prepared and effectuated estate plans for thousands of clients. As a result, we are aware of potential pitfalls in estate planning documents that were either improperly executed or otherwise have some claimed defect. We have appeared in Probate Courts both on the side of requesting that a Court set aside, as well as defending a legal attack against, an estate plan.
Our team includes AV-Rated attorneys that are called upon to present at American Bar Association conferences as well as other conferences across the country, have written articles that are published by some of the legal industry’s leading publications, and provide leadership by chairing, and being members of, committees for State Bar Associations and national organizations.
Lipson Neilson’s team also includes nationally recognized attorneys with an unrivaled level of expertise in estate planning and probate law for individuals with Special Needs and Elder Care.
Probate administration not only involves the affairs of a decedent but also addresses adult guardianship and conservatorship issues for those adults who are incapacitated as well as dealing with minor guardianships and conservatorships. It includes:
- Filing of initial petitions to commence proceedings
- Proper service of the interested parties at the time of commencing Probate proceedings
- Timely attendance at initial and subsequent Probate Court hearings
- Filing proper documents upon the appointment of a fiduciary, including surety or personal bond, Inventories, Acceptance of Trust, etc.
- Complying with annual filing and notice requirements
- Complying with all applicable tax requirements
The administration of a Trust by the Successor Trustee, after the demise of the original Grantor (or following the Grantor’s incapacity), can provide various challenges as their duties cross an array of legal issues. Using good and constant communication skills with the beneficiaries and interested parties will go a long way to administering the Trust and discharging the duties as a Trustee in an expedient, efficient and timely manner and may help avoid delays or conflicts. Listed below are some of the duties and responsibilities of a Trustee to consider.
- Review and understand estate planning documents
- Immediately address funeral, burial and related expenses
- Confer with necessary legal, financial or tax advisors
- Address division or securing of personal effects
- Provide statutory notices to beneficiaries
- Comply with statutorily required claims publication
- Identify, accumulate and secure all Trust assets
- Timely address any individual or Trust liabilities
- Comply with all tax filing requirements.
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