Probate and Trust Administration

Probate/estate administration 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 or 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, that the administration is being handled appropriately, in order to determine their share in the estate, to insure that they receive the share they are entitled to, and 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) to his/her beneficiaries. As with an estate administration, often a trustee 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.

The Law Office of Sarah L. Golombek, Esq. is experienced in handling estate and trust administration and in particular:

  • Representing personal representatives/executors in administering an estate;
  • Representing trustees in administering a trust;
  • Representing beneficiaries of an estate;
  • Representing beneficiaries of a trust;
  • Representing a personal representative/executor in his/her fiduciary capacity; and
  • Representing a trustee in his/her fiduciary capacity.

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