Probate & Trust Administration

What is Probate?

Probate is the orderly court-supervised process of administering a deceased person’s estate which includes, but is not limited to, the following tasks:

– Determining whether or not the decedent left a valid Last Will and Testament;
– Appointing a personal representative to handle the administration of the estate;
– Securing, inventorying and valuing the decedent’s assets;
– Identifying those creditors having valid claims against the estate and arranging for the disposition of those claims;
– Providing heirs with information regarding the personal representative’s administration of the estate;
– Resolving questions or objections raised by heirs or other interested parties regarding estate issues; and
– After administrative expenses and taxes have been paid, any valid claims have been settled, and any assets that need to be liquidated have been sold, distributing the remaining assets of the estate to the decedent’s heirs and devisees in accordance with the Last Will and Testament or, in the absence of a valid Will, in accordance with state law.

Trust Administration:

Administering a trust is similar to administering a probate estate except that there generally is no court involvement unless disputes or questions arise. The Trustee of the trust secures, invests, manages and distributes the trust assets for the benefit of the trust’s named beneficiaries pursuant to directives stated in the document creating the trust and applicable law. Trustees often need legal counsel with respect to the performance of their duties and their asset allocation, investment, tax and accounting responsibilities and also in the resolution of disputes.
At Rossman Law, we offer a wealth of experience in representing clients in both routine and complex probate and trust matters. The probate process can be a very difficult time for families. It is difficult to lose someone that you love and then, while still in the grieving process, to have to deal with the financial and legal complexities involved with the probate process. Our goal is to streamline the process for our clients to make it as simple, efficient, and understandable as possible- while protecting them in making sure that all legal requirements are met. When disputes do arise in the process, we have a wealth of experience in representing personal representatives and trustees to help resolve those disputes without undue conflict or delay. We also are very experienced in representing heirs of decedent’s estate and trust beneficiaries in protecting their interests, pursuing will and trust contests and raising objections to the administration of the estate or trust.