PROBATE & TRUST ADMINISTRATION

The firm’s probate and trust administration practice include representation of executors or trustees of an estate or trust. The firm assists executors and trustees to carry out the wishes of a decedent and to meet their fiduciary duties.

Why a Trustee Needs a Lawyer?

Almost every irrevocable trust allows the trustee to hire a lawyer to advise and represent the trustee. Professional trustees retain in-house attorneys for this purpose and then supplement these attorneys with outside estate litigation Lawyers. Professional trustees seek legal help because professional trustees know this is a wise decision. Sound, legal advice from experienced trust lawyers helps avoid conflict and minimize the chances of litigation. Further, it helps reduce the chance that the trustee will make a mistake causing personal liability.

As a trustee himself, Jonathan Callister knows the gravity involved with the responsibilities of being a trustee for clients, he has advised many trustees throughout the years of practicing law helping them navigate through the many issues involved with the fiduciary responsibilities of being a trustee.

The duties and responsibilities of a trustee, include at incapacity:

  1. Oversees care of ill person

  2. Understands insurance benefits and limitations

  3. Looks after care of any minors and dependents

  4. Applies for disability benefits

  5. Puts together team of advisors

  6. Notifies bank and others

  7. Transacts necessary business

  8. Keeps accurate records and accounting

The duties and responsibilities of a trustee, include at death:

  1. Contacts attorney to review trust and process

  2. Keeps beneficiaries informed

  3. Puts together team of advisors

  4. Inventories assets, determines current values

  5. Makes partial distributions if needed

  6. Collects benefits, keeps records, files tax returns

  7. Pays bills, does final accounting

  8. Distributes assets to beneficiaries as trust directs