Once the grief of a loved one's death has passed, you will have to turn to the business of probating the will or administering the trust. If you are the executor of a will or the trustee of trust, you can expect many demands are going to be made on you. Beneficiaries want their money, the government wants taxes paid, and creditors want their bills paid. The Grossman Law Firm can help demystify the probate, wills and trust administration process for you.

Probate requires:

• Submitting the will to the probate court
• Having the court appoint you as executor
• Gathering the estate's assets
• Notifying known and unknown creditors or the probate
• Paying the estate's debts
• Filing an accounting with the court
• Distributing the money and assets of the estate according to the terms of the will

Probate can get more complicated if real estate has to be sold, a legal claim is pending against the estate, a beneficiary threatens to sue you, or tax issues need to be addressed. Whether your needs are simple or complex we can help.

A trustee is required to:

• Take control over the assets in the trust
• Notify the beneficiaries you are the trustee
• Notify the IRS you are now in charge of the trust
• Account to the beneficiaries
• Invest the trust assets in an appropriate way
• Manage the trust assets and distribute them according to the terms of the trust

In addition to these basic requirements you'll need to periodically communicate with the beneficiaries to apprise them of what you are doing. You also may need to make tax sensitive choices or decisions regarding whether to pursue or end litigation. A beneficiary could sue you for breaching your duties as trustee and then you will have to defend yourself against that claim.

A good way to ensure your probate or trust administration goes well is to hire an attorney to assist you and guide you through the process. Too often beneficiaries pressure executors and trustees into doing it all themselves because "it will save money," but when things don't go just the way the beneficiary expects them to, the first person they blame is the executor or trustee.

Many executors and trustees believe they have to use the attorney who wrote the trust or will. That is simply untrue. The executor or trustee can choose whomever they want as their attorney and have the estate or trust pay the attorney fees. If you have a good working relationship with the drafting attorney then they may be a good choice, but if you are not familiar with the attorney or a beneficiary claims the will or trust is the product of duress, coercion or undue influence then choosing your own attorney is important. Make sure you have a qualified attorney to assist, guide and protect you during the process.

The Grossman Law Firm’s specialized probate and trust administration attorneys serve the San Bernardino, Riverside, and Northern San Diego Counties in California. If you have any questions about probate, wills and trusts or do not already have a probate or trust administration lawyer, please contact us through our online form or call The Grossman Law Firm, A.P.C. at (866) 540-0000 to schedule a free 30 minute telephone consultation.