Probate

Van Nuys Law Office PLLC

Probate

Probate and Trust Administration

Seattle probate lawyer -- Heather Van Nuys is a Seattle probate attorney.

You won't be alone. The Van Nuys Law Office PLLC will guide through this difficult time.

The stress of losing a loved one can be overwhelming enough, without also having to deal with complex legal issues. The Van Nuys Law Office will help you navigate the sometimes rocky waters of probate.
When a loved one passes away, his or her estate must be handled and "settled."   Typically the estate is administered and settled in either a probate process or through the administration of a trust.    Many estates go through a court process commonly called probate where the assets of the deceased are managed and distributed.
PROBATE. Probate is a court proceeding during which a will is confirmed as valid, debts are paid, and the assets of an estate are administered and distributed according to the provisions within the will. Every Will is administered through probate. If there is no Will or trust, the law requires an intestate probate, which is similar to a regular probate, but includes some extra procedures.
     A carefully drafted Will can simplify the probate process immensely, but the court is still involved. If your loved-one owned his or her assets through a well drafted and properly funded living trust, it is likely that no court involvement is necessary, though the successor trustee needs to manage the trust and administer the distribution of the assets. The length of time needed to complete the probate of an estate depends on the size and complexity of the estate and the local rules and schedule of the probate court.
     A carefully drafted Will can simplify the probate process immensely, but the court is still involved. If your loved-one owned his or her assets through a well drafted and properly funded living trust, it is likely that no court involvement is necessary, though the successor trustee needs to manage the trust and administer the distribution of the assets. The length of time needed to complete the probate of an estate depends on the size and complexity of the estate and the local rules and schedule of the probate court.

Seattle probate attorney.

Every probate estate is unique, but most involve the following steps:

Filing of a petition with the proper superior court, with or without a Will, to start the process.
Petition to appoint an Executor or Administrator for the estate.
Notice to heirs under the Will or to statutory heirs (if no Will exists).
Inventory and appraisal of estate assets by Executor or Administrator.
Notice to creditors, with a deadline for claims.
Payment of estate debt to rightful creditors.
Sale of estate assets.
Filing of tax returns and payment of taxes, including estate taxes if applicable
Final distribution of assets to heirs.

We can provide you with tools to guide you through probate, such as to-do lists and a system for organizing important documents. We draft the documents that must be filed at court, and go before the court on your behalf. We explain your responsibilities, help you communicate with beneficiaries of the estate, guide you through the creditor process, and help you put together an inventory. In addition, we will offer guidance on any issue that arises in the process of closing the estate.

TRUST ADMINISTRATION. If you are a trustee, we can help you through the trust administration process. A trust administration happens after death and is where the deceased's debts are paid and estate assets are distributed to beneficiaries according to the trust. Sometimes it means running the trust for a number of years, investing the assets, distributing income, and maintaining property the trust holds. Most of the time, it does not involve any court interaction.
     We will provide you with customized advice based on the particular trust involved, regardless of whether it was drafted by the Van Nuys Law Office, or another firm. We will give you the tools to organize your important documents and plan your tasks, and will guide you through the process to protect you every step of the way.
     Some of the challenges commonly seen are:
Advanced and post-mortem planning.
Income tax issues.
Estate tax issues.
Generation-skipping tax issues.
Asset protection trusts.
Special needs trusts.
Familial discord.
Non-family trustees and professional trustees.
Estate accounting and inventory.
Ancillary probates (probates in for property in other states)
Unfunded or partially funded trusts.
Creditor claims, contracts, and other outstanding debts owed by deceased.
Business entities owned by the deceased.
International properties.
Fiduciary liability.
   At the heart of every estate plan is what the client holds dearest: children, spouse, life partner, or friend; faith or community organization; even pets. Working around this, a successful plan considers the risks and challenges that may be faced, such as death or illness, and seeks to prepare for these.
   When we help you with your estate planning, we create documents that convey your intentions for your assets after death, identify those responsible for settling any debts and distributing your assets, and express your preferences with regard to your care if you become disabled before death. Typical estate documents include wills, trusts, healthcare and financial powers of attorney, and living wills.

The person you choose to handle all the responsibilities of executor or trustee is extremely important. It is essential that the person can be trusted and is diligent. A significant power to control one's affairs, even after death, is the power to choose who will serve as Executor of a Will, or Trustee of a Trust. At Van Nuys Law Office PLLC, we can help you make this choice.

Telephone: 206.784.9000

Disclaimer

The information in this web site does not constitute tax advice and cannot be relied upon to avoid tax penalties.

Consult with an attorney about your specific situation. The Van Nuys Law Office PLLC provides attorney services for wills, trusts, estate planning, probate, powers of attorney, and mediation in the Seattle area.

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