Estate Administration
The process of dealing with a loved one’s death is always a difficult time. Our firm has extensive experience in probating Wills and representing Executors and Administrators in handling all issues and administrative details that may arise in throughout probate process. Our attorneys are experienced in helping clients navigate the probate process.
Probate Process
The often called the “probate process” involves following and carrying out the wishes as stated in an individual’s last will and testament. This could include the actual probate of a person’s will. When there is no will, this process involves following state law on how the decedent’s assets must be
handled and petitioning the probate court for the authority to administer that person’s estate.
Trust Administration
Trust Administration involves carrying out the wishes as stated in an individual’s trust. If the deceased person had a revocable living trust, this process would include the successor trustee carrying out the final wishes of the decedent according to the terms of the trust. Further, Trustees of existing Trusts and those created at the end of the probate process also require the type of legal assistance
our firm provides.
In estate administration and probate, our attorneys assist in getting executors, administrators, and trustees appointed in estates. If you are in this position, we will also help you in providing guidance and legal advice regarding your duties as an executor, administrator or trustee, throughout the probate process in Probate Court.
Some of our estate and trust administration services include:
- Preparing and filing petitions in the probate court (e.g., petition to probate will, petition for letters of administration, petition for year’s support for surviving spouses and/or minor children)
- Preparing and filing any notices with respect to creditors
- Working with accountants regarding tax issues
- Assisting executors, administrators, or trustees regarding their duties and obligations
- Providing assistance and advice with problematic heirs or beneficiaries
- Preparing and filing inventories and annual returns, if necessary
- Preparing a plan of distribution of assets held in the estate, either outright or to separate continuing trusts, for the beneficiaries, which also includes the preparation of deeds of assent regarding real property from the estate to the appropriate beneficiary, heir, or trust, as the case may be, and coordinating the proper recordation of such deeds in the appropriate county records.
- Negotiating debts of the estate
- Preparing and filing discharge petitions to officially close the estate.
Trust and Probate / Fiduciary Litigation
Sears & Ware LLC's probate litigation practice focuses on estate, trust, guardianship, and conservatorship disputes. We provide advice and assist clients in what can be very difficult and emotional issues, most often involving family disputes. Relying on extensive experience in this area, the primary focus is to give both legal and practical advice during all phases of representation. Our attorneys will guide you in obtaining favorable results, whether though trial or settlement.
Specifically Our Areas of Focus Include:
- Probate Litigation
- Will Contests: defending the probate of a will or objecting to its validity
- Probate: settlement of accounts, removal of executors, payment of claims against an estate, or seeking year’s support
- Undue Influence and Lack of Capacity claims
- Fraud in an Estate or Trust
- Actions for Breach of Fiduciary Duties by executors, trustees, guardians or conservators, including actions under powers of attorney
- Trust Disputes
- Guardianships and Conservatorships: whether a guardian/conservator is necessary; who should serve; or the restoration of an individual’s rights
Our attorneys endeavor to assist clients in avoiding litigation when possible; however, disputes often arise that can only be resolved through litigation. In these situations, our firm focuses on representing parties to these disputes, including those who bring the claims and those who must defend them. We also pride ourselves in efficiently handling your case and work with you to try to avoid costly litigation.
Guardianship and Conservatorship Planning
When a person is unable to care for himself or herself, whether due to a developmental, neurological, or other disability from birth, or an acquired injury or illness, it may be necessary for another person to qualify as his or her Guardian or Conservator. A Guardian has the authority to arrange for the care of the person, while the Conservator is allowed to manage the person’s financial affairs. If the person is unable to make or communicate significant responsible decisions
concerning his or her health or safety, or his or her property, a Probate Court may, upon the petition of an interested party, appoint a Guardian or Conservator for the person, who is then known as the “Ward.” Guardians and Conservators must act in the best interest of their Wards.
Guardian
A Guardian provides for the support, care, education, health, and welfare of the Ward and make decisions affecting the person of the Ward, including the Ward’s medical care and residential arrangements.
Conservator
A Conservator must receive, collect, and make decisions affecting the property of the Ward, including management of the Ward’s income, assets, and expenses.
Our firm offers a wide range of legal services in Guardianship and Conservatorship Cases, Including:
- Preparing a petition for guardianship or conservatorship and providing representation through the probate court hearing process
- Preparing and filing asset management plans and providing guidance in the preparation of annual returns and other reports to the probate court
- Assisting and providing representation in status hearings in probate court, and in preparing petitions for court approval to sell assets, petitions to engage in estate planning for the ward, and other administrative assistance
