The loss of a family member is one of the most stressful experiences that a person can go through. Surviving relatives often experience stages of grief as they adjust to their new normal. When a close family member such as a spouse dies, most experts recommend making no big life changes for at least a year because what you go though after a death is so profound.
Unfortunately, the law is set up to make the life of a family member more difficult in some ways. The problem is, a deceased person’s assets must transfer to new owners. Formal legal processes are required to make this transfer happen. Those processes are called probate and trust administration. Both processes can be complicated and handling the formal legal steps involved can be very stressful at a time when you are already coping with a major and emotional life change.
An Attorney Can Help to Make the Probate and Trust Administration Process Easier
The silver lining after a death is that you do not have to go through the probate or trust administration process on your own. An attorney at Kinghorn Law can be your advocate and your ally during both processes.
Probate law attorneys and trust administration attorneys have an in-depth knowledge of the laws applicable to the transfer of assets after a death. Our compassionate legal team can explain exactly what you can expect to go through during both the probate and trust administration processes and can provide guidance on your role within them.
As probate or trust administration take place, our firm takes care of whatever technical legal issues that fall to you, based on state law and based on the wishes of the deceased. We monitor the probate process or trust administration process on your behalf to help you ensure your inheritance is protected, and we make it possible for you to make your loved one’s legacy a reality by facilitating the transfer of wealth to heirs or beneficiaries in a timely manner.
How an Attorney Helps During the Probate Process
After a death, probate must occur where the deceased lived and/or owned property. It is actually possible in some cases that multiple probate proceedings could be needed when someone had property in different locations.
The person named as executor of an estate in a will has the most responsibility during the probate process but all heirs or beneficiaries should monitor how the process unfolds to ensure that the wealth of the deceased is being protected.
Kinghorn Law can represent executors, heirs, and those who are challenging a will because they do not believe it is actually what the deceased wanted. When we are trusted to be your legal advocates during the probate process, we will explain and communicate with you at every step of the way. We assist with:
- Determining where probate must take place
- Filing court paperwork for probate to occur
- Getting an executor of an estate or estate administrator appointed to oversee probate
- Contesting a will, or defending a will against a will contest
- Providing required notice to heirs or beneficiaries and creditors
- Filing all paperwork with the IRS that is necessary and taking care of any state tax issues that might arise
- Managing estate assets during the probate process
- Monitoring the probate process for heirs or beneficiaries to ensure that an executor of an estate is fulfilling his duties and that the process is moving smoothly.
- Facilitating the transfer of assets through changing titles and deeds.
This is just a small sampling of the types of legal services you may need in order to complete the required steps of the probate process. Let our firm provide you with these services and with other assistance so you can inherit and carry out the wishes of your lost loved one. You can also learn more about the probate process here so you are better prepared for what to expect when your loved one has passed.
How an Attorney Helps During the Trust Administration Process
The trust administration process involves taking some of the same steps as during the probate process, including providing required notice, taking care of tax issues, and facilitating the transfer of assets.
There are important differences, though. The trust administration process should not necessitate involvement from the probate court unless a problem arises, and the process should be quicker. A trust administrator will be in charge of it, and must follow both the law and the wishes of the deceased.
Kinghorn Law helps to make sure that the trust administration process goes smoothly by providing the same type of comprehensive representation that we offer during the probate process. Whether you want to monitor the actions of the administrator or you want our help to fulfill your duties as the trust administrator, we are here to provide comprehensive and compassionate legal aid. You can also learn more about the trust administration process here so you are better prepared for what to expect when your loved one has passed.
Contact us When Your Loved One Has Passed
Many families in Tucson have trusted Kinghorn Law for help with the probate process and with trust administration. Give us a call at (520) 529-4000 or contact us online to speak with a Tucson probate lawyer after your loved one has passed so we can help you to begin the process of moving forward.