During the administration of an estate, the trustee or personal representative must protect the assets. Several insurance policies may be required.
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If a settlor is mentally incompetent, someone must take control over the trust prior to the settlor’s death. There are several ways to determine incompetence.
Typically, an estate is not closed until all assets have been distributed. If assets are discovered later, it is important to handle them properly.
At the start of the probate process, you must submit a petition that for review by a probate examiner. The examiner will provide notes regarding the petition.
Typically, the probate court is not involved in the administration of a trust. Beneficiaries can petition for court involvement in some cases.
Some people place real estate in an LLC when creating their estate plan. During the estate administration, certain actions must be taken.
As the trustee of a trust, your job is to carry out its administration. Exercising caution can help minimize the chances of trust litigation during the process.
During a probate administration, notice must be provided to creditors. After the notice is sent, creditors have a limited period of time to file a claim.
A power of attorney is a common aspect of a basic estate plan. This document may be used when the individual is incapacitated in order to administer his estate.
While a will and a trust are both useful estate planning tools, they are not the same thing. During administration it is important to understand the difference.