Trust and Estate Settlement is a difficult area of the law. Many Trust and Will cases require broad knowledge of subjects such as fiduciary duties and liability, beneficiary disputes, elder abuse, financial abuse, capacity issues, undue influence, creditor’s claims, and probate procedures.
A case may have several complex issues. To navigate estates successfully, an attorney must know of applicable laws including those that guide the creation and administration of Trusts, Wills, and Probate. And an attorney must understand the litigation rules of procedure in all phases of a case including motions practice, discovery, alternative dispute resolution, and trial.
At Anderson & Jahde, PC, we understand this difficult area of the law and we have the skill sets necessary for strong representation. You may need help serving as a fiduciary after someone has died, or you may have litigation claims to manage inside of an estate or trust. You may need help from the courts to administer a trust or estate.
If you have been named the Executor (Personal Representative) in a Will, or a Trustee of a Trust, or both, you may not know what your responsibilities are or how to fulfill any of them. Many questions may arise. Do you need the court probate process or not? Do you have to obtain special fiduciary insurance? What about a bond? What if the decedent owned property in more than one state? What if the beneficiaries do not get along? These questions and others are often difficult to address alone. We are here to help.
Being the Executor or Trustee can be a complex, time-consuming and demanding position. It will require dedication, attention to detail, knowledge and professionalism. When people plan their estate, they appoint a friend or relative to do this job under a Will or Trust. Settling an estate can be a tremendous burden, carrying personal liability when the appointee may be grieving and distressed after having lost a loved one. If someone dies without an estate plan, the Colorado laws of intestacy are applied, and the probate court may need to appoint someone to settle the estate. If the appointee is you, we can help.
Where real estate, stock, investment accounts, retirement accounts, or other significant assets are involved with more than one beneficiary, the estate settlement or trust administration process may be overwhelming and daunting, but, usually a necessary procedure.
At Anderson & Jahde, PC, we are experienced in the settlement and administration of estates having many types of assets and issues. We will clarify the process for you, prepare necessary documentation, communicate with asset custodians, and represent you in your capacity as a Personal Representative or Trustee, helping to minimize your liability risk.