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Probate and Trust Administration
The expense and time delay of probate is usually sought to be avoided
by clients. While the claimed disadvantages of probate often
exist in large metropolitan areas, they have been exaggerated
in other areas of the country. Executors do, however, need the
assistance of knowledgeable attorneys in the administration of
a probate estate. Preparation of the initial probate court documents,
claim notices, inventory of assets, retitling of estate property
for beneficiaries, valuation of estate assets, preparation of
the federal and state estate tax returns and fiduciary income
tax returns all require specialized knowledge and skill. Sorling
attorneys have considerable experience in assisting executors
complete the often complex job of estate administration. If problems
arise in the administration of an estate, this experience enables
Sorling to counsel executors effectively regarding their fiduciary
duties to beneficiaries, as well as to counsel individuals on
their rights as beneficiaries.
A wide variety of trust instruments is available to meet client
challenges. While the benefits of trusts are often publicized,
the risks of personal liability to individual and corporate trustees
are not. Questions often arise as to trustee duties and responsibilities
regarding distribution to beneficiaries, payment of expenses, the
prudent person investment rule, income tax consequences to the
trust and beneficiaries of distributions, and the accounting to
beneficiaries. These fiduciary duties and responsibilities are
extremely rigorous and the consequences of breaching such duties
may be severe, even to the well-intentioned trustee. Sorling has
effectively represented individual and corporate trustees, as well
as beneficiaries of trusts, in all matters regarding this specialized
area of law.
Sorling attorneys who practice in this area include:
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