WILL, TRUST, ESTATE AND INTESTACY ADMINISTRATIONS
An individual’s estate planning does not end with death. An administration procedure is required upon every individual’s death, regardless of whether he or she has a Will, Living Trust, or dies intestate (with no formal plan whatsoever, which normally results in the need for an “Heirship” proceeding). One form of proceeding or another in a Probate Court of the county where the deceased client resides is necessary for those with a Will or who die Intestate. The time and expense incurred in the specific proceeding is determined by the nature of the deceased client’s assets and family circumstances, among others and can be fully “Independent” of Court supervision and relatively streamlined, or fully “Dependent” requiring Court supervision and perhaps a performance bond. Living Trusts, however, are not subject to the Probate Court system unless the Trust does not hold title to all of the deceased client’s assets. In those cases, a short “Pour Over Will” is admitted into the Probate Court System to transfer any such overlooked assets into the Deceased’s Living Trust. Regardless of the procedure required upon an individual’s death, it is important that the attorney advising the personal representative (Executor, Trustee, Administrator, etc.) is a board certified estate planning specialist to help implement the tax savings and other features in the Deceased’s Will, Living Trust or other circumstances in the best interests of the Deceased’s Estate. The estate planning attorney can also help the Deceased’s family take advantage of any additional planning options following the Deceased’s death as well as assist his or her surviving spouse update their plan in light of the Deceased’s death.