Probate, Trust Administration and Guardianship

Probate:

Probate is the process where a deceased person’s assets are transferred out of his or her name to either the beneficiaries of a Will, or pursuant to the law if the decedent did not have a Will. We assist with this process during a period which is often difficult both emotionally and financially. We advise you as to the type of Probate administration the estate requires, and as to what assets or monies do not require Probate.

Whether probate is necessary depends on the value of the assets and how those assets are held, whether jointly with another person or solely in the decedent's name. Probate also addresses a decedent's debts, and there are laws that designate which debts are to be paid and the process for paying them.

Trust Administration:

A Trust is a mechanism often used in estate planning to avoid having to go through probate. A Trust Administration occurs once the person or persons who created the Trust can no longer serve as Trustee.

A Trust Administration can occur with or without the supervision of the probate court. In many situations the successor Trustee of the Trust can administer and distribute the Trust assets without having to go to court, but there are also times where administering a Trust through the court system is the better solution. We are here to assist you through what can be a complex process and to help protect you from liability.

Guardianship:

Guardianship is a process where a person is appointed to help take care of and make decisions for another person. There are two usual reasons a guardianship is needed. One is when grandparents or other family members find themselves in a situation where they need to raise a grandchild, niece, nephew or other minor child for a period of time, usually hoping that a parent will get back on their feet. The other is when age or disability requires another to step in to assist with finances and/or personal decisions. Guardianships are also necessary when a minor receives money.

Our experience allows us to explain to you when adoption can be considered rather than a Guardianship of a Minor, and when a Power of Attorney or other protective measures might be preferred to a Guardianship of an Adult.