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Estate Planning | Elder Law | Special Needs | After Death Administration

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Elder Law, Estate Planning, Special Needs,

After-Death Administration


After Death Administration

It's not easy when a loved one dies.  Emotions are involved, family members are grieving, and the tasks at hand may seem overwhelming.  Despite these inevitable issues and sometimes difficult family dynamics, there are business matters to handle with time constraints imposed by law.   Business matters include:

  • Locating important legal documents, such as Trusts, Wills, Insurance policy information, and asset Information (real estate, bank accounts, annuities, brokerage accounts, savings bonds, etc.).

  • Ordering the correct amount of Death Certificates.

  • Determining what type of After Death Administration is needed:  

    • Trust Administration?

    • Probate Administration?

    • Small Estate Administration?

  • If handling a Trust, provide proper Notice and a copy of the entire Trust to the beneficiaries and heirs.

  • Notify the taxing authorities, Department of Health Services, Pensions, Creditors, and others.

  • Gaining authority over the trust in your roll as trustee, or if you are dealing with Probate, then gaining control of the estate as "executor" or "personal representative" under court supervision.

  • Properly collecting the assets in your role as Trustee or Personal Representative, without making mistakes or causing unnecessary taxes.

    • Real Estate: Record appropriate Affidavits and documents with the County Recorders Office.​

    • Determining what assets are collected via beneficiary designation, and what asset are collected as trust asset.  If there is no trust, are probate proceedings required?

    • Changing title on bank accounts, investment accounts, and other assets to reflect either the Trustee of the Trust, or the Personal Representative of the estate, depending on the circumstances.

  • Keeping the beneficiaries informed and updated, and treating everyone fairly.

  • Determining Tax liability, paying creditors, and ultimately distribution the Estate exactly as the written instrument states, or as the court orders (in a probate matter).

We can help.  The McNamara Law Firm has been assisting Trustees, Personal Representatives, and others in After Death Administration matters in clear, consise, and cost efficient manner since 2001.  Contact us for a consulation.

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