Trust or Estate Administration


Description

For estate administrations: prepare necessary petitions and supporting court documentation, attendance at probate court hearings to obtain authority for client to carry out affairs of the estate. For all administrations: supervise and assist in carrying out of administration of trust or estate, identifying and marshalling of all assets, assist client in documenting all transactions to account to beneficiaries of trust or estate and to any court, and providing guidance on the most tax efficient ways to transfer assets to estate beneficiaries.


What is included?

  • Preparation and Explanation of Petition for Probate and additional required court documentation.
  • Identifying and locating witnesses to operative documents, and obtaining necessary affidavits from witnesses to satisfy court requirements.
  • Identification of all "interested parties" which require formal notices.
  • Preparation and correct service of all formal notices.
  • Communicating with and updating the client for each change in status.
  • Providing guidance and advice on the procedures and time horizons of various administration related tasks, such as asset transfers or court hearings.
  • Marshalling of all assets (identifying and reducing assets to a transferable state).
  • Identifying and classifying all debts and creditors claims, with particular attention to identifying claims that should be rejected as not legally enforceable claims against the estate.
  • Supervising and documenting payment of valid debts and claims.
  • Documenting all changes in asset type, value, and ownership to assist client with required accountings.
  • Preparation of income tax filings, and advice on best strategies to minimize taxes.
  • Obtaining valuations of assets, as required.
  • Preparation of estate tax filings, and providing advice on potential strategies to minimize estate taxes. (Applicable only to estates over $5 million, or where significant lifetime gifts were made.)
  • Creating and updating required accounting documents for informing beneficiaries and courts of all transactions.
  • Distribution of all gifts to beneficiaries, with documentation of the same and obtaining releases to protect the client against future claims.

What is not included?

  • Does not include litigation by beneficiaries challenging the validity of any instruments offered, formal objections to accountings, representation before any audits of tax returns, or ongoing administration for new assets discovered after the final distribution and closing of administration. All of these would require further engagement of our services.