PROBATE & TRUST ADMINISTRATION SERVICES
While I have acquired a great deal of expertise and experience in probate and estate administration matters over the past 25 years, my law practice is now focused primarily on estate planning (during lifetime). As a solo lawyer, I no longer have the workload capacity to take every estate administration case that comes my way.
Therefore, we are currently NOT accepting new clients for estate administration (after a death) unless the deceased person was a past client. Even then, my philosophy for estate and trust administration is to counsel the named individual fiduciary (a personal representative or trustee, as the case may be) to do as much as possible on his or her own without retaining an estate lawyer in a formal sense. During the past 25 years I have found that lawyer involvement during the estate administration process, no matter the reason, often adds undue tension to the process and brings out the worst in family relationships.
For complex matters or when the relationship among surviving beneficiaries is adversarial, I believe the situation calls for the use of a professional fiduciary (not a lawyer). The named individual fiduciary and the beneficiaries might still choose to obtain separate representation by an estate lawyer to protect their own interests, but the actual administration of the estate or trust in this case is best handled by a professional fiduciary.
In some cases, the deceased person's bank or investment company may be able to serve in the fiduciary role. However, I usually suggest an independent professional fiduciary such as:
Of course, there are situations when naming a professional fiduciary does not make sense, but in general, my observation is that professional fiduciaries usually perform admirably. In short, they are worth the extra cost.
So you may wonder what services I provide after the death of a past client of mine. Four things:
My usual and customary fee for estate administration matters (after a death) is $400/hour. However, on rare occasion, I may offer a fixed fee arrangement instead.
The initial consultation fee is $400 regardless of the duration of the meeting.
Please note that I do not specialize in estate litigation, nor would I represent you in a personal sense for any reason. If you are concerned about protecting your interests during a probate or trust administration, you should reach out to a law firm with lawyers who focus on estate litigation. I can give you a referral upon request.
Read articles about estate administration:
Articles Library
Download my books about estate administration:
Free PDF Books
Sample Engagement Letter:
Estate Administration Engagement Letter
Therefore, we are currently NOT accepting new clients for estate administration (after a death) unless the deceased person was a past client. Even then, my philosophy for estate and trust administration is to counsel the named individual fiduciary (a personal representative or trustee, as the case may be) to do as much as possible on his or her own without retaining an estate lawyer in a formal sense. During the past 25 years I have found that lawyer involvement during the estate administration process, no matter the reason, often adds undue tension to the process and brings out the worst in family relationships.
For complex matters or when the relationship among surviving beneficiaries is adversarial, I believe the situation calls for the use of a professional fiduciary (not a lawyer). The named individual fiduciary and the beneficiaries might still choose to obtain separate representation by an estate lawyer to protect their own interests, but the actual administration of the estate or trust in this case is best handled by a professional fiduciary.
In some cases, the deceased person's bank or investment company may be able to serve in the fiduciary role. However, I usually suggest an independent professional fiduciary such as:
- Mission Management & Trust Company
- TrustBank of Arizona
- Zia Trust
- Arizona Fiduciary Services
- Affordable Paralegal Solutions
Of course, there are situations when naming a professional fiduciary does not make sense, but in general, my observation is that professional fiduciaries usually perform admirably. In short, they are worth the extra cost.
So you may wonder what services I provide after the death of a past client of mine. Four things:
- Evaluate whether a probate is needed. (If yes, I can help you get started.)
- Determine whether a professional fiduciary would be helpful.
- Interpret the lawyer language so you can understand what needs to be done.
- Draft an assortment of legal documents at the direction of the personal representative, trustee, or fiduciary. For example, I can help establish sub-trusts and testamentary trusts when called for by a will or living trust. I can also draft affidavits to remove a deceased person's name from a property deed.
My usual and customary fee for estate administration matters (after a death) is $400/hour. However, on rare occasion, I may offer a fixed fee arrangement instead.
The initial consultation fee is $400 regardless of the duration of the meeting.
Please note that I do not specialize in estate litigation, nor would I represent you in a personal sense for any reason. If you are concerned about protecting your interests during a probate or trust administration, you should reach out to a law firm with lawyers who focus on estate litigation. I can give you a referral upon request.
Read articles about estate administration:
Articles Library
Download my books about estate administration:
Free PDF Books
Sample Engagement Letter:
Estate Administration Engagement Letter