We help preserve your legacy beyond the time of your immediate life. When proper planning was not done or a dispute arises, we help preserve your legacy, assets, business, and estate.
Probate is the court proceeding that proves the validity of a Will and through which an estate is administered. Through the probate process, estate assets (assets of the deceased) are collected and, after expenses and taxes are paid, distributed to heirs. Law & Stein, LLP efficiently moves an estate through the probate process. We also work with clients on strategies for avoiding probate.
At Law & Stein, we understand that this can be a difficult and stressful time for all involved in the probate process. Our team of experienced attorneys will work diligently to make certain that your case is properly handled in order to expedite the process.
The probate process involves four basic steps:
- Filing of the petition with the probate court, and then appointing an executor or an administrator if there is no will
- Written notice is given to all the creditors of the estate and an inventory is taken of all the probate property
- All of the estate and funeral expenses, debts and taxes are paid from the estate
- Legal title in property is transferred according to the will or state intestate succession laws
All of our attorneys have expertise in both state and federal laws and can provide our clients with legal advice and services throughout every step of probate.
In addition, we can discuss strategies to help you avoid probate by establishing a revocable living trust, for example.
The duties of a trustee are complicated and numerous. At Law & Stein, LLP we offer legal counsel to trustees or to trust beneficiaries to ensure that all legal duties are properly carried out. Regardless of the type of trust, we can handle even the most complicated matters with skill and efficiency.
Our experienced trust attorneys at Law & Stein understand what an important role this is. We have the legal experience to understand all the ramifications, and the empathy to help you make the best choices.
Trusts are created for several reasons — to protect assets, to dispose of an estate, to ensure that assets are used for a specific purpose such as the continued care of a special needs or disabled individual or for tax planning.
Trust administration usually begins upon the death of the settlor and can be a complicated process. At Law and Stein, LLP, we have extensive experience in administering all types of trusts and can assist the trustee with any legal decisions that are involved in settling the trust.
Because we are also well versed in tax and estate planning, we can explain how each portion of the trust operates, and what your options are.
Trust & Estate Litigation
When litigation concerning a trust, will, conservatorship or guardianship is unavoidable, our trust and estate litigation attorneys are there to protect you. Our team understands how emotionally exhausting litigation with other family members can be. We break down the litigation process for you, explaining in clear terms what to expect, possibilities for resolution before trial and the risks and rewards of proceeding to trial.
Trust litigation specifically encompasses the administration and distribution of a trust which is usually established with clearly specified conditions concerning the distribution of the assets in the account and is managed by an appointed trustee. Problems can arise concerning the funding and/or administration of the trust upon the death of the donor or “settlor.”
Trust and estate litigation, by its very nature, can involve family and friends, and close relationships are often put to the test. At Law & Stein, our attorneys work closely with our clients to develop strategies that will result in the best possible resolution to the case either through a negotiated settlement or through the litigation process if that becomes necessary.
Disputes involving trust and estates require legal counsel that is not only experienced in handling contested wills, disputed claims, accounting issues, and a variety of other problems that may arise after the death of an individual, but attorneys that are sensitive to the emotional aspects associated with this type of litigation.
Our attorneys provide clients with the technical advice and legal services necessary when a claim against a trust or estate becomes litigious, but we also strive to provide a level of personal service that takes into consideration that difficult nature of this type of litigation.
When issues arise due to the contest of a will, our attorneys are well versed in the complexities of probate litigation and have vast amounts of experience in the field. They understand how stressful it can be and are prepared to handle the complications.