Michigan Estate and Trust Administration Attorney
Our probate attorney can help you navigate the legalities of estate and trust administration. We can help you properly administer a trust or estate, or help you contest the improper conduct of a Trustee, executor or Personal Representative who is administering an estate or trust.
Will and Trust Administration
Administering a trust or Will can be daunting. This is particularly trust when you are also dealing with a death in your family. Dealing with both is often overwhelming for a trustee or executor. In addition, we realize that the death of a family member often causes some very difficult family relationships. Our lawyer understands these concerns, and can advise you with regard to administering an estate or trust with skill and compassion.
Administering a Will
A Will is administered by a personal representative or executor. It is generally done with the assistance of the probate court. Administration of an estate can take many forms. The complexity largely rests on the Will itself, or lack thereof. Sometimes the Wills which appear the most simple can be the most difficult to administer. Administering a Will can be informal and relatively, or formal and quite complex. In a complex administration, there could be court supervision and you may be required to file of a significant number of documents with the probate court. In every administration, however, you must:
- Locate and value all estate assets
- Notify the proper parties of the Will or trust administration
- Prepare inventories
- Identify and handle creditors
- Analyze your options
- Transfer Will or trust assets to the proper beneficiaries
- Prepare and file tax returns
You must also assess your possible estate tax or inheritance tax, and, if available, analyze the opportunity to minimize such taxes.
Administration of a Trust is different from probate because the a trust is generally set up to avoid the costs and difficulties associated with a probate estate. A trust is administered by a trustee or successor trustee. While administration of a trust generally does not involve a probate estate, the trustee still has a host of fiduciary obligations, including the duty to administer the trust in the best interest of the beneficiary and the requirement to provide an accounting. The trustee’s failure to act as required by law can lead to litigation in the probate court. Trust litigation can also involve:
- The validity of the trust documents
- Proper distribution of the trust to the beneficiary.
- The Trustee’s actions or inaction.
- The trustee’s fees
- The sufficiency or accuracy of the Trustee’s accounting
Michigan Estate Administration
Our probate lawyer serves all of Metro Detroit, Ann Arbor and Southeastern Michigan. He can advise you on probating a Will or administering a trust.
We offer free consultations and flexible appointments to meet your needs, including weekends and after hours appointments.
We will even come to you!
To learn more about your options, call our Michigan lawyer at (248) 773-5555.