In recent years, claims and lawsuits filed in court against fiduciaries have increased significantly. Often in such disputes, disappointed beneficiaries seek damages from fiduciaries based on allegations of misconduct, mismanagement, or breach of duty. They also from time to time seek removal of a fiduciary and the return of fees.
With years of experience and by keeping current on the latest developments in the law, our lawyers regularly advise fiduciaries on ways and means to avoid risk of liability and to remedy difficulties after they may have arisen.
In addition, our firm has resources and substantial experience to assist fiduciaries in handling all aspects of the day-to-day and multifaceted administration of estates, trusts, and guardianships, including communication with financial institutions and third parties, and preparation of necessary court filings, reports to beneficiaries, and tax returns.
Representative services include advising and assisting the following fiduciaries:
Executors And Administrators Of Decedents' Estates
- Assisting in the application to the court for appointment as executor, administrator, or commissioner
- Assisting in the collecting, transferring, and re-titling of assets
- Advising on the management of assets, and the proper timing and method of disbursements and distributions to beneficiaries
- Preparing or counseling as to the preparation, filing, or giving of required notices, reports, and other documents to the court, and beneficiaries
- Preparing and filing estate, income, gift, generation-skipping transfer, and other necessary tax returns with the appropriate governmental entities
- Helping maintain compliance with applicable federal and state laws and local rules of court
- Representing fiduciaries before the court and other government departments in all matters related to the estate administration
- See also Probate and Estate Administration
Trustees Of Trusts
- Counseling in the managing of dynamics between the trustees, current beneficiaries, future beneficiaries, and other interested individuals and organizations
- Preparing documents to effectuate desired transfers and distributions
- Preparing successor trustee designations
- Advising how best to facilitate the objectives of the creator of the trust
- Helping maintain compliance with applicable federal law and the laws of various states
- Preparing and filing estate, income, gift, generation-skipping transfer, and other necessary tax returns
- Recommending courses of action with optimal federal income and transfer tax consequences
- Representing trustees before courts and government agencies as necessary
- Advocating for the trustee when disputes arise among beneficiaries or other parties
- See also Trusts and Trust Administration
Agents Under Powers Of Attorney
- Assisting agents in having a power of attorney instrument recognized and honored by third parties, such as financial institutions, health care providers, and government departments
- Interpreting the scope of authority granted in powers of attorney instruments
- Counseling agents in making decisions on behalf of the principal who created the power of attorney
- Helping maintain compliance with applicable federal and state laws
- Preparing or counseling on the maintenance of bookkeeping and accounting records and preparation of reports and accounting
Guardians And Conservators Of Minors And Incapacitated Persons
- Assisting in the application to the court for appointment as guardian or conservator of a minor or incapacitated person
- Obtaining court approval on behalf of the guardian to perform necessary acts
- Preparing or counseling on the preparation of notices, reports, and other required periodic accountings reviewed by the court and other interested persons
- Representing the guardian before the court in all respects, including authorizing the expenditure of the ward’s funds and as to changing the guardian or the ward’s state of residence
- Helping maintain compliance with applicable federal and state laws and local rules of court
