Both the trust administration process and the probate process are legal processes designed to facilitate the transfer of a deceased person’s assets after a death. Each of these processes can be complicated, both for those who have been put in charge of overseeing trust administration or probate as well as for family members and potential heirs who stand to inherit from the deceased.
Nash Nash Bean & Ford, LLP aims to make both the trust administration process and the probate process easier. Our Geneseo, IL probate lawyers know that coping with legal technicalities after a death can often be very difficult when you are also dealing with your grief. We’ll take care of the legal processes on your behalf, bringing our experience to the table to help you fulfill your responsibilities to the deceased and to help you protect your inheritance. Give us a call at 800-644-5345 to get personalized assistance with trust administration and probate and to get answers to questions including:
- What is involved with trust administration and probate?
- Who should get legal help with probate and trust administration in Illinois?
- How can a Geneseo, IL trust administration lawyer and probate lawyer help?
What is Involved with Trust Administration and Probate in Illinois?
Both trust administration and probate involve taking steps to allow for a deceased person’s assets to transfer to new owners. Probate occurs in court, while trust administration occurs outside of it unless there is a problem. However, each process can still involve many similar steps including providing notice to heirs or beneficiaries, transferring the title of assets to new owners, managing property held in trust or owned by the deceased, and helping to ensure tax obligations are fulfilled.
Trust administration is overseen by a trustee who is named in the trust document when the trust is created. Probate is overseen by an executor who is named in a last will and testament created by the deceased. If there is no will, if the executor is not named in the will, or if the person named as an executor cannot do the job, the probate court may appoint a personal representative.
The trustee or executor has to follow all of the legal steps involved in either probate or trust administration, and must ensure that the instructions of the deceased person are followed. Executors will need to defend a will if it is contested, for example, and both executors and trustees will need to take care of all property under their control until such time as the property is formally transferred to its new legal owners.
Who Should Get Help With Probate and Trust Administration in Illinois?
Enormous responsibility is placed on trustees who have been put in charge of trust administration and on executors or personal representatives who are in charge of probating a will. Not only do you have a moral obligation to the deceased and his heirs when you fill these roles, but you also have a legal obligation as well. If you fail to live up to your duty, heirs could come after you personally in court. You need to make sure you understand the legal processes you are in charge of overseeing and you should get help from an experienced attorney to fulfill your role.
Heirs, beneficiaries, and friends or family members of the deceased may also want to get legal advice from a probate lawyer or trust administration lawyer. With help from an attorney, you can determine if you should contest the will or if the deceased’s wishes are truly being reflected. You can oversee the actions of the trustee and executor to make sure that the estate assets are being managed appropriately and all legal formalities are being followed. Getting the right legal advice can thus make it possible for you to both protect your inheritance and to make sure that the last wishes of the person you love are respected.
How Can a Geneseo, IL Probate Lawyer & Trust Administration Lawyer Help?
Nash Nash Bean & Ford, LLP provides representation to trustees and executors, as well as to family and friends of a deceased person who has passed away. Our goal is to make sure you can wind up the deceased’s estate as quickly and cost-effectively as possible while protecting the legacy of the deceased and the rights of the heirs. Give us a call today at 800-644-5345 or contact us online to speak with a Geneseo, IL trust administration and probate lawyer to learn about the assistance that we can offer.