Probate & Trust
Probate
The concept of a will is commonly understood to be a way of passing on a person’s assets after death. The will says who should manage the distribution of assets to the heirs according to the directions given in the will. This may seem pretty straightforward but it is often more complex. That is partly because the will does nothing until it is probated.
Probate is the legal process of administering an estate and resolving all claims to assets and property; the process is often dictated by a valid will but also applies when a person dies without having signed a valid will. The process involves validating a will and interpreting the intent and instructions contained with the will or following statutory dictates in the absence of a controlling will.
Probate involves not only the distribution of an estate but also the resolution of any creditor claims and assignment of an executor or administrator. The process works on behalf of heirs and other parties who may have claims against the estate.
Trust Administration
Many people who establish a trust for themselves and their families choose a family member or close friend to manage their money and their affairs in case they become incapacitated or after their passing. However, many family and friends find it difficult to transition from mourning the loss of a loved one to the administrative work of settling an estate. Furthermore, the trust administration process can seem incredibly daunting for someone not well-versed in law or finance.
If you’ve been named as a trustee, you may need legal assistance to help you discharge your trust administration duties. Look no further than the Law Offices of Steven J. Cottrell. We can help you navigate the trust administration process and ensure that you fulfill your legal duties. Contact our firm today to learn more about how we can help.
Trust Litigation
Estate and trust litigation attorneys primarily represent clients in litigated disputes over estate and trust assets or distributions.
Estate litigation involves wills and matters arising from the death of an individual in relation to their assets.
This may include trusts, a fund created by an individual or group intended to benefit another individual or group.
Trust litigation specifically involves the administration and distribution of a trust. Usually trusts are created with conditions on the distribution of the assets in the account and are managed by a third-party trustee.
We can help you set up a trust or dispute estate distributions.
