For many people, it comes as a surprise that there are specific legal processes which must be followed to transfer property after a death. When someone you love passes away, you cannot just take ownership of the property that was left behind, even if the property was left to you in a will or a trust. Probate or trust administration must happen first, and there are New York laws on how both processes are carried out.
You should not have to learn those laws at the time when you’re dealing with the grief that comes from a death. The Law Office of Michael Robinson, P.C. can take care of the formal legal processes for you. Our legal team provide help with both probate and trust administration for clients throughout the Finger Lakes, Rochester, Naples, Pittsford, and surrounding areas.
Give us a call today at (585) 546-1734 to find out about the ways in which we can assist with the trust administration and probate process and to get answers to questions including:
- What happens during probate and during trust administration?
- Do I need legal advice during probate and trust administration?
- How can a Finger Lakes trust administration and probate lawyer help?
What Happens During Probate and Trust Administration?
The probate and trust administration process are both processes which can happen after a death has occurred. During both processes, there are steps taken to facilitate the transfer of assets to new owners. Those assets are either owned by the deceased or are owned by the trust which the deceased created during the course of his life.
Probate and trust administration are overseen by an executor or trust administrator, respectively. The executor is named in the will and the trust administrator is named in the trust document. If a person who is named as an executor in a will opts against serving as the executor, then the probate court appoints a personal representative. The person who fulfills the role of executor, personal representative, or trust administrator has a duty to follow all instructions left by the deceased, as well as all laws in New York.
Probate and trust administration are similar in some ways, in that interested parties are notified of the probate or trust administration process, and the formal steps involved with transferring assets are undertaken. Tax issues are also addressed, including the filing of any required state and federal tax returns. The trust administrator or executor/personal representative take care of the property during this process until the new owners officially take control.
There are also important differences between probate and trust administration as well. Probate takes place in court and can take a long time, depending upon the complexity of the estate. Trust administration typically takes place without court involvement, unless claims are made against the trust administrator. The process of trust administration is supposed to be quicker than probate, which is one reason why people create trusts.
Do You Need Legal Help with Trust Administration and Probate?
Whether going through probate or trust administration, it is important to understand the formal steps which must be taken and to ensure you fulfill your role within these important processes. The most responsibility rests upon the executor, personal representative, or trust administrator so these individuals should be sure to get legal help from an experienced attorney.
Beneficiaries and heirs may also wish to seek representation from a legal professional because their lawyer can then watch out for their interests. This can include providing advice on whether the trust administrator or executor is proceeding appropriately and taking legal action if there are problems.
Finally, there are situations where someone believes a trust or a will is not legally valid. Those who wish to contest a will or who wish to challenge a trust should be sure they have a legal representative who can advise them of the process and help them to make the most compelling possible arguments.
How can a Finger Lakes Probate and Trust Administration Lawyer Help You?
The Law Office of Michael Robinson, P.C. helps you to protect your inheritance, to protect the rights of the deceased, and to fulfill your responsibilities after a death. Give us a call today at (585) 546-1734 if your loved one or someone in your life has died in the Finger Lakes, Rochester, Naples and surrounding areas. We can provide you with assistance no matter what your role is in the probate and trust administration process, so contact us now to get an experienced advocate on your side.