The death of a loved one inevitably causes great stress to family and friends left behind. In addition to mourning the loss, the family often is faced with financial uncertainty. Among the concerns are how to settle the estate of the deceased. The settlement may involve administering a trust.
Possibly even more stressful is the need to manage the affairs of an elderly family member – especially if that family member is failing mentally and has not signed appropriate documents to deal with his disability. Without proper planning, a probate court conservatorship (the equivalent of a guardianship in many other jurisdictions) is often the only option. To establish a conservatorship it is necessary to petition the probate court and have a formal evidentiary hearing. Once the conservatorship is established, the court retains its jurisdiction and oversees the administration of the conserved person’s estate and personal affairs.
The attorneys and staff at Andrews & Young offer support and guidance during these difficult periods. It is our experience that the knowledge that we are there to explain and guide our clients through the process and to answer any questions they may have provides a great comfort.
Although the thought of dealing with a probate often causes anxiety, the process is not so overwhelming if you have the advice and counsel of experienced attorneys. The attorneys and staff at Andrews & Young work hard to insure that the process of estate and trust administration goes smoothly and to provide support and guidance to families and fiduciaries during that process. The probate process is designed to make sure that claims and expenses are paid and that the balance of the estate or trust assets are distributed in an orderly manner in accordance with the decedent’s Will or trust, or in accordance with the laws of the State if there is no Will. Regardless of whether the Will is the primary dispositive instrument or a trust has been established and funded, it is necessary to pay the bills of the estate and/or trust and administer the property in accordance with the governing instrument. The process generally is somewhat simpler where a trust has been established and fully funded, since there is less probate court involvement, but the result of the administration should be the same.
To see articles we have written on these issues click HERE.
We can provide assistance with the following matters, among others:
- Determine whether a full probate is necessary, or if a simpler approach can be utilized;
- Assist you in determining whether a conservatorship is necessary and appropriate after considering less restrictive options;
- Prepare all required documents for filing with the probate court;
- Represent you at probate court hearings, including hearings to establish and administer conservatorships;
- Advise you as executor, administrator, trustee or conservator as to your duties, including advising trustees of special needs trusts as to permitted expenditures;
- Correspond with heirs, beneficiaries and other interested parties;
- Prepare the Connecticut Estate Tax return (for non-taxable estates and for taxable estates);
- Prepare the federal Estate Tax return if required;
- Assist with post-mortem tax planning such as disclaimers;
- Assist with the management of the estate or trust, including the handling of payments for the estate when requested, and the preparation of accountings.
We also work with your team of professionals, including your accountant and investment advisor to manage investments, tax filings, tax planning and distribution issues.
Are you in need of Probate, Estate, Trust Administration or Conservatorship Assistance?