Probate and Trust Administration and Litigation

Probate Administration.

When a person dies and their property is passed through a will, and if their estate value is $100,000 or more, or includes real property interests, a probate proceeding is required. Estate administration may include paying the bills, filing tax returns, selling assets, and distributing the proceeds to the designated beneficiaries. A probate proceeding is a court proceeding and takes a minimum of six months. The attorney is paid a fee set by statute and may also be allowed to charge extraordinary fees on an hourly basis.

Trust Administration.

When a trustor dies, his or her estate is administered by the successor trustee. Trust administration involves many of the same steps as probate administration - paying the bills, filing tax returns, selling assets, and distributing the proceeds to the designated beneficiaries – but without the expense and delay of court proceedings. The successor trustee should obtain legal and tax advice to properly fulfill his or her trustee duties following the death of the trustor. The trustee’s attorney is paid on an hourly basis from the trust assets.

Probate & Trust Litigation.

Although a well drafted will or trust may significantly reduce the chances of litigation following decedent’s death, it cannot eliminate it. There may be inter-family disputes over who gets what, or problems with creditors or business partners, tax problems, or other complications. There may even be a direct challenge or contest to a will or trust. The attorney for the executor or trustee represents only that party. If there is a dispute among or between the estate beneficiaries, the interested parties need to obtain their own representation.

Conservatorships.

When a person becomes “incompetent”, the probate court may appoint a “conservator” to take control of the person and/or the person’s assets. The conservator may be a family member or a professional. A person may be deemed incompetent when they are substantially unable to manage their personal or financial affairs and to resist fraud or undue influence. Conservatorships may be very costly as they include significant attorney and conservator fees and court costs. They may also be very invasive of the elder’s independence.

The Law Office of Michele L. McGill has represented executors, administrators, trustees, and interested parties in probate court proceedings since 1982.