“Without legal representation, the inexperienced trustee, executor or other fiduciary has likely put their foot upon the slippery slope of personal liability.” ~Anonymous
Even a flawlessly drafted last will or trust will fail in important respects if the person carrying out its terms is ill-informed, unguided, negligent or incompetent. Similarly, to the extent that an estate plan relies on properly drafted trust instruments to achieve its objectives, the well-informed and well-represented fiduciary is essential to the estate plan’s success.
We have successfully represented countless numbers of successor trustees, executors and administrators in probate, and the holders of a power of attorney. We can guide you through your responsibilities, help you understand the dimensions of your fiduciary duties as applicable to your role, and take care of the differing reporting, accounting and tax filing requirements applicable in different situations.
“Thank you for the courtesies and care you have shown to me as we went through my most difficult time. Much love to each of you.”
– V. (client)
There are many benefits to working with an experienced lawyer in the discharge of ones trust or estate administration duties. These include:
The fees for the retention of an attorney can generally be paid from the estate as long as the administration is a success and there is a benefit to the estate
Clear and open communication with beneficiaries, courts, creditors, insurance companies, benefits administrators and others with a stake in the trust or estate
Preparation of periodic reports, accountings and income, estate and gift tax returns
Protection and preservation of the assets that make up the trust or estate
Anticipation and avoidance of disputes between beneficiaries, executors, trustees and other interested persons and/or entities.
Avoidance of liability for nonfeasance or malfeasance in a fiduciary capacity
Our firm has also worked with out-of-state trustees and estate administrators responsible for handling trusts or decedent’s estates in California. Additionally, we handle ancillary probate responsibilities for property owned in California by estates located elsewhere.