Trust Administration and Probate
The death of a loved one is a time of profound life changes. During this time, you unfortunately must learn about the legal processes used to transfer assets after a death. Understanding complex legal rules and requirements is a challenging experience under the best of circumstances, but can become even more difficult in the fog of grief.
Vermillion Law Firm, LLC understands and we are here to help. Our legal team can handle all of the legal issues involved in both the trust administration process and the probate process. If you have been named as an executor or trust administrator, we will help you to fulfill the formal role the law has created for you. If you are an heir, beneficiary, or interested party who believes there is a problem with the will or trust, we can also provide representation to you.
To learn more about how our Dallas probate and trust administration lawyers make the post-death legal processes simple and stress free, give us a call at (972) 366-7201. You can also contact us online to speak with a member of our legal team. We will explain the representation and services we can provide in your situation and we will answer important questions you have including:
- What is probate and what is trust administration?
- Who should seek legal help following a death?
- How can a Dallas trust administration and probate lawyer help?
What is Probate and Trust Administration?
Probate and trust administration are formal legal processes which are designed to make certain property transfers appropriately when someone has passed away. If the person who died created a trust before dying, trust administration will be used to transfer the property held in the trust. Other property will transfer through probate.
Probate takes place in a court, before a probate judge. Trust administration is designed not to require court involvement, so the process can be faster. However, both processes have similarities. In both probate and trust administration, someone is put in charge of overseeing the transfer of property and of managing the deceased’s assets until the assets transfer to new owners. In the case of trust administration it is the trustee who becomes the administrator and who follows the instructions of the deceased for transferring property. In the case of a will, it is the executor named by the deceased, unless the executor cannot or will not fulfill his role and the court appoints a personal representative.
Executors or personal representatives and trust administrators have to provide appropriate notice of the death, and must go through the steps to change asset ownership. They are also responsible for complying with tax obligations. Those who stand to inherit will typically monitor the actions of the trust administrator or executor to make certain the right legal steps are being taken.
Who Should Seek Legal help Following a Death?
Because of the substantial responsibility they have, both trust administrators and executors or personal representatives should seek legal help following a death. An experienced attorney can provide guidance and advice on how to fulfill responsibilities to the deceased and requirements under Texas law.
Anyone who is going to inherit through a will, trust, or under state intestacy laws should also consider seeking legal advice. You want to understand the process of asset transfer, protect the value of your inheritance, and ensure executors and trust administrators do not do anything which could adversely affect the value of the gifts which have been given to you.
Finally, those who believe a will or a trust is not an accurate reflection of the wishes of the deceased should get legal help in order to prove their contention. There are many different arguments used to contest a will or trust, including arguing the deceased was coerced or was not of sound mind or did not follow the proper legal formalities. Contesting a will or trust can be complicated, especially as your success will be driven by the strength of the arguments that you make. An experienced attorney can help.
How Can a Dallas Probate and Trust Administration Lawyer Help?
Vermillion Law Firm, LLC provides comprehensive assistance with both trust administration and the probate process to anyone who has a role to play after someone has passed away. We provide compassionate advice and advocacy to clients throughout Dallas, Irving, Plano, and surrounding areas. To find out more about the ways in which we can guide you and represent you, give us a call at (972) 366-7201 or contact us online.
