Have you recently lost a loved one and are now the successor Trustee responsible for handling their estate?
The Trust Administration process can be overwhelming. Trustees have a legal responsibility as well as a fiduciary duty to act in the best interest of all beneficiaries when making decisions. We can help you navigate through the process from beginning to end.
Some of the steps involved in Trust Administration:
- Completing and filing forms and notifications with state and federal agencies
- Get Tax ID number for trust
- Valuing assets
- Evaluating potential tax consequences, providing advise
- Pay off any creditors
- Managing retirement accounts
- Retitling assets, as needed
- Funding sub-trusts
- FINALLY, transfer assets to beneficiaries
Peace of mind comes from working with a knowledgeable and experienced team. Feldman Law Group can assist you in the important and difficult tasks required to accomplish Trust Administration while minimizing your personal liability.
If you would like help from someone with more than 35 years of experience in these matters, reach out to Feldman Law Group online or call (925) 208-4543 and ask how you can get Aaron’s assistance today.
How Does Feldman Law Group Help With Common Probate Matters?
It seems that no matter how thoughtful, careful, and thorough your estate planning is, some issue always arises during probate that was not foreseen at the time the will was prepared. With more than 35 years of legal experience in estate planning and probate in Alameda County, attorney Aaron Feldman is well-situated to provide sound advice and professional representation in your probate dispute, no matter how unique or complicated the matter.
A Walnut Creek probate and trust litigation attorney can help you resolve common legal problems such as:
- Multiple wills – People sometimes redraft their will or revoke an old will and write a completely new one. If the old will was not properly amended, revoked, or destroyed, it can create doubt, confusion, and disagreement over which is the true “last will and testament” that should be admitted into probate and given effect by the court.
- Invalid wills – Drafting and executing a valid will requires hewing to a strict set of statutory requirements in California probate law regarding the testator’s capacity and intent, the presence of witnesses, and other technical aspects of the statute of wills. A challenge or will contest that results in a will being declared invalid may mean there is no will at will, and property will pass according to the California laws of intestate succession.
- Fraud, duress, and undue influence – Even a will that appears valid on its face may be challenged by beneficiaries who believe a family member or caregiver exercised undue influence on a vulnerable testator, forcing the individual to make a will that did not truly reflect his or her actual wishes. As an experienced elder law and financial elder abuse lawyer, attorney Aaron Feldman provides valuable assistance when dealing with allegations of fraud or undue influence.
- Omitted heirs – A spouse or child who expected to inherit under a will but was left out either intentionally or unintentionally may challenge the omission as improper. California law provides an “elective share” to an omitted spouse except under a few specific circumstances. Wills involving blended families with children from a previous marriage may give rise to challenges by omitted or pretermitted heirs.
- Challenges to the personal representative – Beneficiaries of the estate may complain that the executor or administrator is failing to properly exercise his or her fiduciary duties as the personal representative of the estate, such as by failing to maintain the value of estate property during probate, or engaging in dealings that involve self-enrichment or a conflict of interest. These issues may especially arise when the personal representative is also an heir or beneficiary of the estate, making the resolution of disputes even more challenging and complex.