Whenever a loved one dies, the surviving family is left facing many tough decisions, many times without any direction on how to settle the affairs of the deceased. Kling Law Offices can assist you in all steps of the legal process for administering the person’s estate, often through probate. In cases where the deceased had a will, the attorneys at Kling Law Offices will help the executor of the estate understand the process and responsibilities he or she has been assigned. By properly handling the process, the executor can ensure that the wishes of the deceased are carried out as stated in their will. Kling Law Offices will also remain hands-on and assist in the administration of the trust, which is the distribution of the deceased’s assets to the designated party in order to benefit creditors and beneficiaries.
Without the proper guidance, probate and trust administration can be an overwhelming process. Kling Law Offices is well versed in the legal procedure involved in both processes and is prepared to support you in any way possible, including the following:
IRS Form 706: Filing a federal estate tax return that is required within nine months after the death of a loved one for qualifying estates, state tax purposes or electing “portability” of the estate tax exemption.
Will Contests: A formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the deceased.
Executor Services/Duties: Executors have many responsibilities to ensure that the financial and legal affairs of the deceased are completed, including distributing death certificates, canceling government benefits (Social Security, Medicare, etc.), paying bills and distributing assets.
Independent Administration: With the passing of the Independent Administration of Estates Act, the executor is allowed full authority to administer the estate of the deceased without ongoing Court approval. Benefits of independent administration include the ability to lease property and deposit and invest estate money.
Creditor Claim Disputes: Claims by the creditors of the deceased that arise before, at or after death, which include certain taxes, debts, funeral and burial expenses and attorney fees.
Beneficiary Rights: Named beneficiaries to a deceased person’s estate have rights to the estate and the inheritable assets that the deceased bequeathed to them. The beneficiary’s rights may come second to the rights of the creditors if the estate holds more debts than disposable assets.
Please contact our Firm to learn more about our probate and trust administration services.