Post-mortem Administration

Once a client has died, we work with the surviving spouse or other family members and the client's CPA to finalize the estate. This includes, on a first spouse’s death, helping to establish and fund the required subtrusts (marital, bypass and survivor’s); and on a surviving spouse’s death, preparing a schedule to show the allocation of estate taxes and expenses among the beneficiaries. We encourage the client's CPA to prepare the income tax returns for the estate, and any required estate tax returns (IRS Form 706). However, we review them to ensure they are consistent with the plan. We counsel fiduciaries regarding the rights and interests of beneficiaries, and recommend steps or actions to help the fiduciary operate the trust in compliance with the appropriate fiduciary laws and avoid personal liability for their actions, or inaction. We take special care during these difficult times to represent families with caring and compassionate counsel, guidance and direction. Our attorneys are well aware of the stress that legal proceedings often add to a difficult situation, and strive to complete the formal process as quickly as possible while maintaining an eye towards your expressed goals. Our experience enables us to counsel surviving spouses and children during this transition and help them make sound legal decisions for their future.

Capital Gains Taxes | Creditor Planning | Entity Formation | Estate Planning | Estate Taxes | Income Taxes | Insurance(life) | Post-mortem Administration | Probate Litigation | Probate | Retirement Planning | Transactions | Trusts