Legal Representation for Trust Administration and Probate
If your family has experienced the loss of a family member, our law firm can assist you with the legal process that occurs when a loved one passes away. Our law firm strongly believes that a wisely drafted, carefully executed estate plan is the critical component of a family’s wealth management. Our firm’s guiding principle is to provide families with quality Trust Administration and Probate services tailored to each client’s specific needs and goals.
We offer free, no obligation consultations for any family who has experienced the loss of a loved one.
Steps to Take with a Will
If your loved one had a Will, the family will go through a process called Probate. This checklist outlines the steps to take when a loved one passes away with a Will.
Steps to Take with a Living Trust
If your loved one had a Living Trust, the family will go through a process called Trust Administration. This checklist outlines the steps to take when a loved passes away with a Trust.
Important Note:
Do not retitle any assets before speaking with a qualified estate planning attorney. That meeting should take place approximately two weeks after your loved one has passed.
Trust Administration and Probate Resources
BEREAVEMENT RESOURCES
The Center for Loss of Life Transition is dedicated to furthering their understanding of -and compassion for- the complex set of emotions called grief. Their mission is to help both the bereaved, by walking with them in their unique life journeys, and bereavement caregivers, by serving as their educational liaison and professional forum.
The National Hospice and Palliative Care Organization (NHPCO) is the largest nonprofit membership organization representing hospice and palliative care programs in the United States. The organization is committed to improving end of life care and expanding access to hospice care with the goal of profoundly enhancing quality of life for people dying in America and their loved ones.
Grief, Loss & Recovery offers emotional support and friendship and provides a safe haven for bereaved persons to share their grief. This is a safe place for people to mourn–emotionally, physically and spiritually.
How to Know if You Need Extra Help with Your Grieving
By Mary Ann and James P. Emswiler
- Are you always irritable, annoyed, intolerant or angry these days?
- Do you experience an ongoing sense of numbness or of being isolated from your own self or from others? Do you usually feel that you have no one to talk to about what’s happened?
- Since your loved one died, are you highly anxious most of the time about your own death or the death of someone you love? Is it beginning to interfere with your relationships, your ability to concentrate or live as you would like to live?
- Do you feel that you are always and continually preoccupied with your loved one, his or her death or certain aspects of it even though it’s been several months since his or her death?
- Do you usually feel restless or in “high gear”? Do you feel the need to be constantly busy… beyond what’s normal for you?
- Are you afraid of becoming close to new people for fear of losing again?
- Do you find yourself acting in ways that might prove harmful to you over time: drinking more than you used to; using more prescription or non-prescription drugs; engaging in sexual activity that is unsafe or unwise; driving in an unsafe or reckless manner (beyond what’s normal for you); or entertaining serious thoughts about suicide?
- Are you taking on too much responsibility for surviving family members or close friends? (What’s too much responsibility? That varies greatly and depends on the situation, but if you’re feeling heavily burdened by it, angry or like the situation is “suffocating” you, it might be time to speak with someone.)
- Do your grief reactions continue, over time, to be limited in some way? Are you experiencing only a few of the reactions or emotions that usually come with grief? Are you unable to express your thoughts or feelings about your loved one and his or her death in words or in actions? Do you remember only certain aspects of your loved one or your relationship together, for example only the good parts as opposed to a more complete and balanced view of him or her?
- Is there some aspect of what you’re experiencing that makes you wonder about whether you’re normal or going crazy? Do you feel stuck in your grief in some way, unable to move on, even though it’s been quite some time since your loved one’s death?
Beyond these ten signs, trust your own judgment. If you think that talking to a professional might help, talk to one or more people to see who you are comfortable with. Take advantage of one who seems helpful to you. After all, grief is painful enough without trying to do it all by yourself.
Loss of a Loved One
If you have a loved one who has passed away, and you need guidance on what to do next, we can help.
If your loved one passed away with no estate plan or a Will
Dying without an estate plan, is called dying intestate. The estate will be subject to state intestacy laws and go through probate court. This means the division and distribution of the estate will be subject to a predetermined formula, usually providing half of the estate to a spouse, and the remaining half allocated in equal portions to the biological children.
A Will guarantees death probate. The probate court will take over at the time of death to make sure debts are paid, assets are distributed to heirs, and any loose ends are taken care of. All property that is controlled by the Will must go through the probate court. It is a demanding and challenging job, with many deadlines to be met, most of which are within nine months of the person’s death, the mourning period for the family.
Depending on the size of the estate, the complexity of the estate plan and the nature and extent of the assets involved, there may be additional demands placed on the executor.
If your loved one created a Living Trust
Your family will go through a process called Trust Administration. Upon death, the Successor Trustee must take steps to distribute Trust assets to beneficiaries and fulfill any other obligations of the Trust. We serve as counsel to the Trustee and provide assistance with the administrative duties required of the Trustee, and take advantage of any benefits offered by the Trust. When a Trust is not administered properly the Trustee runs the risk of causing the beneficiaries to pay penalties or additional fees. This checklist outlines the steps to take when a loved one passes away with a Trust.
Important Note:
Do not retitle any assets before speaking with a qualified estate planning attorney. That meeting should take place approximately two weeks after your loved one has passed.
If you have questions about any of our services, please do not hesitate to contact us or call us at 863-220-7927.
The Mourner's Bill of Rights
By Alan D. Wolfelt, Ph.D.
- You have the right to experience your own unique grief. No one else will grieve in exactly the same way you do. So, when you turn to others for help, don’t allow them to tell you what you should or should not be feeling.
- You have the right to talk about your grief. Talking about your grief will help you heal. Seek out others who will allow you to talk as much as you want, as often as you want about your grief.
- You have the right to feel a multitude of emotions. Confusion, disorientation, fear, guilt, and relief are just a few of the emotions you might feel as part of your grief journey. Others may try to tell you that feeling angry, for example, is wrong. Don’t take these judgmental responses to heart. Instead, find listeners who will accept your feelings without condition.
- You have the right to be tolerant of your physical and emotional limits. Your feelings of loss and sadness will probably leave you feeling fatigued. Respect what your body and mind are telling you. Get daily rest. Eat balanced meals. And don’t allow others to push you into doing things you don’t feel ready to do.
- You have the right to experience grief ”attacks.” Sometimes, out of nowhere, a powerful surge of grief may overcome you. This can be frightening, but it is normal and natural. Find someone who understands and will let you talk it out.
- You have the right to make use of ritual. The funeral ritual does more than acknowledge the death of someone. It helps provide you with the support of caring people. More important, the funeral is a way for you to mourn. If others tell you that rituals such as these are silly or unnecessary, don’t listen.
- You have the right to embrace your spirituality. If faith is a part of your life, express it in ways that seem appropriate to you. Allow yourself to be around people who understand and support your religious beliefs. If you feel angry at God, find someone to talk with who won’t be critical of your feelings of hurt and abandonment.
- You have the right to search for meaning. You may find yourself asking, “Why did she or he die? Why this way? Why now?” Some of your questions may have answers, but some may not. And watch out for the clichéd responses some people may give you. Comments like, “It was God’s will” or “Think of what you have to be thankful for” are not helpful and you do not have to accept them.
- You have the right to treasure your memories. Memories are one of the best legacies that exist after the death of someone loved. You will always remember. Instead of ignoring your memories, find others with whom you can share them.
- You have the right to move toward your grief and heal. Reconciling your grief will not happen quickly. Remember, grief is a process, not an event. Be patient and tolerant with yourself and avoid people who are impatient and intolerant with you. Neither you nor those around you must forget that the death of someone loved changes your life forever.
Trust Administration and Probate FAQs
For current Estate and Gift tax figures, click here.
For more information, or to schedule a consultation, call us at 863-220-7927.