Thorough Probate And Trust Administration
An estate plan does not end at the signing of documents but is something that continues after death. Block & Scarpa ensures the proper probate and trust administration to receive the optimal benefit of a person planning efforts while minimizing potential taxes.
Our firm provides a personal experience and guides trustees, personal representatives and beneficiaries through the probate and trust administration process, which come at emotional and difficult times. Probate and trust administration is statute-driven, and an attorney is essential to ensure proper compliance with the law in carrying out the duties of trustees and personal representatives. Improper conformity to the law can cause legal liability and family conflict during already troubling times.
Probate And The Need For An Attorney
Probate is the legal process of settling a person’s estate after they die. At a minimum, the estate’s personal representative must submit the decedent’s will to probate court to show that it is legally valid. Once the probate judge approves the will, the process of distributing the decedent’s assets and settling their debts begins. For people who passed away with substantial assets, putting their estate through probate can be complicated.
The personal representative is responsible for guiding the estate through the probate process, which can be lengthy and expensive. Block & Scarpa advises personal representatives and represents them in probate court. We help avoid missed deadlines and other errors that can delay the distribution of assets, and keep taxes and other costs to a minimum.
Be Prepared If A Probate Dispute Turns Into A Lawsuit
Though most estates pass through probate without conflict, a challenge to the will or trust is always possible. For example, someone may claim that a prior will supersedes the current one, or that the will is invalid. Reasons a will may be invalid include the deceased lacking testamentary capacity at the time the will was created, or being under undue influence by someone else. Such challenges are often made by family members or others who believe they were wrongly not named as heirs or beneficiaries.
Our estate planning and probate attorneys represent heirs, the personal representative, and the challenger or challengers in probate litigation. While we always seek solutions that avoid trial and preserve family harmony as much as possible, we go to trial when our clients’ rights are at stake.