EXPERIENCE AT EVERY STAGE OF ESTATE PLANNING & ADMINISTRATIONEstate Planning & Administration

Estate administration is the legal process of managing and distributing a deceased person’s estate. It involves identifying assets, paying debts and taxes, and transferring remaining assets to beneficiaries or heirs.

The person responsible is called the executor (named in the will) or an administrator (appointed by the court if there is no will). This person is legally responsible for handling all aspects of estate administration.

Probate is the court-supervised process of validating a will and overseeing estate administration. Not all estates require probate—small estates or those with properly titled assets (like joint ownership or trusts) may bypass it.

1. Locate the will and file it with the probate court.
2. Petition the court to be appointed personal representative.
3. Inventory the estate’s assets.
4. Notify creditors and resolve valid debts and taxes.
5. Distribute remaining assets to heirs or beneficiaries.
6. File final accounts with the court (if required).

The timeline varies depending on the complexity of the estate and state laws. On average, it takes 6 to 12 months, but it can take longer for large or contested estates.

Disputes (known as will contests) may arise over the validity of the will, personal representative actions, or asset distribution. These are handled by the probate court and can delay administration and increase costs.

• Guardianship typically refers to a legal arrangement where a person (the guardian) is appointed to make personal and healthcare decisions for someone (the ward) who is incapacitated.
• Conservatorship refers to a situation where someone (the conservator) is appointed to manage the financial affairs or estate of an incapacitated person.

• These legal arrangements are typically necessary when:
  • A person is mentally or physically incapacitated and cannot make decisions on their own.
  • There is no valid power of attorney or advance directive in place.
  • There are concerns about abuse, neglect, or financial exploitation.

• The process usually involves:
  1. Filing a petition with the local probate court in the county where the ward resides.
  2. Notifying relatives and interested parties.
  3. A court investigation or evaluation (often involving medical evidence).
  4. A court hearing, after which a judge decides whether to appoint a guardian or conservator.

• Yes. A guardianship or conservatorship can be:
  • Challenged by the person affected or their relatives.
  • Terminated or modified if the person regains capacity or if there is evidence of abuse or mismanagement.
• The court will require periodic reports or reviews to ensure the guardian or conservator is acting appropriately.

Estate planning is the process of arranging for the management and distribution of your assets after death or in case of incapacity. It ensures that your wishes are honored, your loved ones are protected, and unnecessary taxes, legal costs, and delays are minimized.

Key estate planning documents include:

• Last Will and Testament – Specifies how assets are distributed and names guardians for minor children.  Effects only property and assets that do not have a beneficiary designation.  Requires an estate administration or abbreviated administration through the local probate court.
• Trust – Manages assets and avoids probate (optional but often useful).  Recommended if:  (i) assets exceed the maximum lifetime exemption for gift and estate tax liability, (ii) there are blended families, (iii) there are minor children or beneficiaries with special needs, (iv) long-term gifting is desired, (v) you are seeking to limit the potential for undesirable spouses to receive resources, (vi) the beneficiary has poor judgment in spending habits, (vii)  you own property in multiple states.  Trusts assist in avoiding probate, maintain privacy, and allow for faster distribution of assets.
• Financial Durable Power of Attorney – Appoints someone to manage finances if you are incapacitated and disabled.
• Healthcare Proxy/Living Will – Outlines medical wishes and appoints a decision-maker.
• Healthcare Durable Power of Attorney – Appoints someone to make medical decisions for you when you are unable to do so for yourself.

If you die intestate (without a will or plan), your state’s default laws decide who inherits your property. This often leads to:

• Unintended beneficiaries
• Delays and court involvement
• Higher legal and administrative costs

Review your estate plan every 3–5 years or after major life events, such as:

• Marriage or divorce
• Birth or death in the family
• Significant changes in assets
• Changes in tax or estate laws

While some basic estate planning documents (like simple wills or powers of attorney) can be created using online tools, it’s wise to consult an estate planning attorney, especially if:

• You own a business
• You have a blended family
• You want to minimize estate taxes
• You have significant or complex assets