Estate administration (also referred to as “Probate”) refers to the process by which a court appoints an individual to administer and distribute the assets of a deceased individual (referred to as a decedent). Since administering an estate is a multifaceted and often complex process, family members or others who have been nominated in the decedent’s will as the personal representative (also known as executor) of the estate (ie. the person responsible for gathering the estate assets, paying the decedent’s debts and distributing the assets to the estate’s beneficiaries), will require the assistance of a probate attorney to assist them with the estate administration. Additionally, heirs or beneficiaries to an estate often request representation by a probate attorney to represent their interests in an estate to: gain a better understanding of how long the estate administration process is expected to take, confirm that the administration is being handled appropriately, determine their share in the estate, to ensure that they receive the share they are entitled to, and to verify that their inheritance does not negatively impact their own estate plan or disqualify them for any public benefits they are receiving. Moreover, often a personal representative/executor (referred to as a fiduciary) of an estate requires representation in their fiduciary capacity to defend their administration of an estate.
Similar to an estate administration, a trust administration refers to the process by which a trustee of a trust administers the assets of the trust either on behalf of lifetime beneficiaries, or upon the death of the person who created the trust (referred to as the settlor) for the benefit of his/her beneficiaries. As with an estate administration, often a trustee often chooses to hire a probate attorney to assist him/her with the trust administration or to defend him/her in their fiduciary capacity. Likewise, beneficiaries of a trust often seek representation by a probate attorney to represent their interests with respect to the administration of a trust.
Golombek Law, LLC is experienced in handling estate and trust administration and in particular: