Probate and Estate Administration
From the perspectives of the probate court and the taxing authorities, a death triggers the start of a process filled with tasks, rules, and deadlines.
From the perspective of the people who have lost a family member or loved one, legal assistance and advice can make this process less burdensome.
Questions that Lori can help with:
- “If the deceased person had a will, what do the provisions in the will mean?”
- “If the deceased person did not have a will, who are their heirs? What does each heir inherit?”
- “If the deceased person had a trust, what do the terms of the trust mean? Who are the beneficiaries of the trust?”
The responsibility for administering the estate of a deceased person falls to the personal representative of the estate, called an executor or an administrator. The responsibility for administering the trust of a deceased person falls to the trustee of the trust.
- “If I am appointed as the personal representative of an estate, how do I find out about the deceased person’s assets and debts?”
- “What court filings are necessary to open, administer, and close an estate? When are these filings due?”
- “If I am the personal representative of an estate, what responsibilities do I have with regard to bills, debts, and creditors? What about my responsibilities to creditors if I am the trustee of a trust?”
- “What happens if the amount of the deceased person’s debts is more than the value of the assets?”
- “How and when should the deceased person’s final bills and the expenses of the estate be paid?”
Sometimes, the attorney for an estate or for a trust will work together with other professionals so that the tax, banking and investment aspects of the estate or trust are properly handled.
- “Must the estate or the trust obtain a Tax Identification number?”
- “Are there tax returns that need to be prepared and filed for the estate or for a trust? When are the tax returns due?”
- “When do the beneficiaries of the estate or the trust receive their distributions?”
- “If I am the personal representative of an estate or the trustee of a trust, can I be compensated for my work? How is the amount of compensation determined?”
Lori can help you, as the personal representative or the trustee, to carry out your responsibilities appropriately.