HOW TO ADMINISTER AN ESTATE (INTRO Q&A)
***Update- I am not currently accepting new estate administration projects when the deceased person was not a past client of mine. This may change if my workload decreases at some point.***
What is estate administration?
Estate administration refers to the process of wrapping up the financial affairs of a person who dies. Depending on how the decedent's assets are titled, one or more of the following steps will be involved:
How does a lawyer help?
I provide a complete array of services to trustees and personal representatives who face the daunting task of administering a trust or probate for a loved one. These services include:
Do you handle everything?
I provide consulting and legal advice regarding estate administration to personal representatives and trustees. However, the personal representative or trustee remains responsible for actually carrying out the necessary tasks (like submitting forms to the court, preparing the house for sale, or going to the bank).
What experience do you have?
First, you should know that there is a steep learning curve in this practice area. I marvel at those daring souls who willingly tackle this task on their own without the guidance of an experienced practitioner. There is no substitute for experience in estate administration.
Having said that, I worked for 5 years at a prominent Tucson law firm before leaving to establish my current practice in 2005. Instead of delegating tasks to paralegals and legal assistants, I handle them personally in order to provide the best possible service. In order to manage this workload, I seek continuous improvement of my systems and processes using cutting-edge technology whenever possible.
Although handling probates and trust administration is not as interesting as the process of planning an estate, it is a very important skill set for an estate planning lawyer to acquire. It is impossible to do effective estate planning if one does not understand how the process of estate administration works. For this reason, I strive daily to become the most organized and knowledgeable estate attorney in Southern Arizona.
Will you represent me in a contested probate matter?
No, I choose to not get involved with litigated, contested, or insolvent estates. For these matters I suggest you retain a larger law firm with litigation attorneys on staff.
What is estate administration?
Estate administration refers to the process of wrapping up the financial affairs of a person who dies. Depending on how the decedent's assets are titled, one or more of the following steps will be involved:
- Probate: the court-supervised process of transferring assets from a decedent's personal name to the heirs.
- Trust Administration: the process of carrying out the terms of a trust; i.e., managing trust property until distribution to the beneficiaries.
- No Administration: there is yet another process for closing out a decedent's financial affairs when a probate is unnecessary and there is no trust involved.
How does a lawyer help?
I provide a complete array of services to trustees and personal representatives who face the daunting task of administering a trust or probate for a loved one. These services include:
- Determine what action is required and when.
- Assist with drafting of probate application, if needed
- Assist with drafting of required notices to heirs, devisees, beneficiaries, and creditors.
- Assist with drafting of affidavits and certifications.
- Assist with drafting of deeds and assignments
- Assist with drafting of waivers, consents, disclaimers, and releases
- Advise family regarding burial or cremation arrangements.
- Direct you to practical and useful information
- Interact with accountant and financial advisor as needed.
- Answer practical questions regarding the estate administration process.
Do you handle everything?
I provide consulting and legal advice regarding estate administration to personal representatives and trustees. However, the personal representative or trustee remains responsible for actually carrying out the necessary tasks (like submitting forms to the court, preparing the house for sale, or going to the bank).
What experience do you have?
First, you should know that there is a steep learning curve in this practice area. I marvel at those daring souls who willingly tackle this task on their own without the guidance of an experienced practitioner. There is no substitute for experience in estate administration.
Having said that, I worked for 5 years at a prominent Tucson law firm before leaving to establish my current practice in 2005. Instead of delegating tasks to paralegals and legal assistants, I handle them personally in order to provide the best possible service. In order to manage this workload, I seek continuous improvement of my systems and processes using cutting-edge technology whenever possible.
Although handling probates and trust administration is not as interesting as the process of planning an estate, it is a very important skill set for an estate planning lawyer to acquire. It is impossible to do effective estate planning if one does not understand how the process of estate administration works. For this reason, I strive daily to become the most organized and knowledgeable estate attorney in Southern Arizona.
Will you represent me in a contested probate matter?
No, I choose to not get involved with litigated, contested, or insolvent estates. For these matters I suggest you retain a larger law firm with litigation attorneys on staff.