A death can trigger the probate process and the trust administration process, depending upon the type of estate planning done by the deceased. Both trust administration and probate can be complicated, and it is imperative that the correct steps are taken to ensure heirs are protected and the wishes of the deceased are respected.
Vermillion Law Firm, LLC provides legal representation and guidance with both trust administration and the Texas probate process. We represent executors, trustees and trust administrators, beneficiaries, heirs, and other family members who believe they should have inherited. Our goal is to make the probate and trust administration process as seamless, quick, and easy for you as possible while ensuring the law is followed and the instructions of the deceased are carried out. Give us a call to find out how we can assist with the trust administration and probate processes and to get answers to questions including:
- What is trust administration and probate?
- Who needs legal guidance during the Texas trust administration and probate process?
- How can a Dallas trust administration lawyer or probate lawyer help you?
What is Trust Administration and Probate?
Trust administration and probate are two separate processes, one or both of which occur when someone has passed away. The trust administration process is triggered when the deceased created any type of trust. The process involves providing notice of the death, managing the affairs of the deceased, and following the specific trust provisions.
Sometimes, the assets in the trust must be transferred right away to beneficiaries by the trust administrator, while in other cases the administrator will continue to manage assets for the beneficiaries. A trust, for example, may require certain conditions to be met before a beneficiary inherits property or it may mandate the trustee continue to manage assets and make periodic distributions to the beneficiaries. The trust administrator will need to carry out the instructions of the creator to the letter, especially after the trust creator has passed away.
Assets that are held in trust are not typically transferred through the probate process, but the probate process may also be necessary after a death has occurred. The probate process is overseen by the executor of the estate, who the deceased has named in his or her will. If there is no executor named or if the executor is unable to carry out his duties, the court will appoint an administrator to oversee the disposition of the estate.
The probate process involves taking steps to wind up all of the affairs of the deceased and to make sure assets are distributed to heirs in accordance with the deceased’s wishes. Creditors must be notified, estate taxes assessed where applicable, and the validity of a will determined. Other steps such as valuation of property may become necessary. The executor will manage assets during the probate process to ensure property is cared for, and the close of the process will involve the official transfer of assets to heirs.
Who Needs A Lawyer During Probate or Trust Administration?
Those who are responsible for making sure the deceased’s wishes are carried out can often find the trust administration and probate process to be complicated. Most people do not know all of the laws that apply or the requirements imposed upon them by the deceased entrusting them with the responsibility to serve as executor or administrator.
Fortunately, Vermillion Law Firm, LLC can provide comprehensive guidance and advice at every step. When you are responsible for a trust or for the probating of a will, we can represent you and ensure you fulfill your duties.
We also provide representation to others who have an interest in the probate or trust administration process. If you are the beneficiary of a trust or if you are going to inherit from the deceased, you need to make sure the assets that will be yours are managed correctly and transferred to your control as soon as possible. We’ll assist you with determining if the trust administrator or executor are living up to their duties and we’ll help you take action if problems arise.
Finally, if you are a relative or a friend of the deceased and are concerned his last will and testament was not valid, we can also help you to challenge the will during the probate process.
How Can a Dallas Texas Probate Lawyer or Trust Administration Lawyer Help You?
Vermillion Law Firm, LLC has extensive experience providing guidance and advice during probate and during the trust administration process. Give us a call at (888)-567-5745 to learn how we can put our legal knowledge to work for you after a death has occurred.