ESTATES AND TRUSTS: Probate & Trusts

Lesser Lutrey & McGlynn attorneys create and administer wills, trusts and other estate planning documents that preserve and transfer legacies and assets. Often, the trust and probate administration process begins with guiding individual clients and families through the Court supervised procedure needed to implement and enforce a will. A Probate Judge determines that a particular will is valid and then makes sure that the will's terms are followed (testate estate) or, where there is no will (intestate estate), how the decedent's estate is closed.

Our attorneys have served for many years in both testate and intestate estates as legal counsel to the Court-appointed representatives who administer the estate. The representative in an intestate estate will usually be a family member determined by applicable law. The representative in a testate estate will be the person named in the will as the executor. We often advise clients on the selection of appropriate executors and provide on-going counsel to assist them in carrying out their responsibilities under the terms of both wills and trusts.

Both types of representatives have the responsibility to initiate the process of probate administration; provide legal notice to all heirs, beneficiaries and creditors; pay final expenses, taxes and claims; and comply with all legal requirements of estates in probate.

Generally this involves defending against any lawsuits; preparing and disseminating an inventory and final accounting for the estate assets; making distribution to all beneficiaries; and closing the probate estate. These can be weighty responsibilities for anyone and generally, legal counsel is useful and appreciated.

The process of efficiently winding up a decedent's affairs may take up to a year or more and the representative has a duty to perform his or her function with the utmost good faith and fair dealing according to the terms of the will and/or the law. Personal liability can attach to a representative for the acts he or she performs during probate administration. Accordingly, it is important that a representative fully understand the obligations and carry them out as required. No representative should attempt probate administration without an attorney's assistance.

We put our experience at your disposal.

Trust Administration Practice
We create trusts for our clients that manage, invest and protect specific assets for the good of named beneficiaries. Trustees are appointed to administer the trust for a specific period of time or until the occurrence of a designated event. Trusts come in all shapes and sizes, involve all manner of assets and can be created for any legal purpose. Even though a court does not monitor trusts, personal liability can still attach to the trustee—so it is important that a trustee have good legal counsel in order to fully understand the obligations of the trust and carry them out as required.

Our attorneys counsel trustees in the administration of trusts of all sizes for a number of clients and a variety of purposes.