Upon the incapacity of a loved one, and following the death of a loved one, there is often a need for estate and/or trust administration to manage and distribute assets during your loved one’s life and to account for and transfer ownership of the assets at death. It can be difficult to know when and how to start and how best to proceed. At Ashley Day Law, we guide individuals and families through the often-challenging processes of administering probate and trust estates, assisting and representing fiduciaries and family members, including:
Guardians and Conservators
Guardianships and conservatorships are first and foremost protective proceedings, usually in probate court, meant to protect people who are unable to care for themselves or live independently, unable to understand or manage money and assets, and may be at risk of physical or financial abuse and exploitation.
Guardianships or conservatorships can be very useful in providing for the health and safety of adults with mental/physical impairments that have caused them to lack sufficient understanding or capacity to make or communicate responsible decisions or be able to manage property and business affairs effectively – who do not have valid healthcare and/or durable financial powers of attorney in place.
Ashley Day Law represents individuals/families to obtain guardianships and conservatorships, and we assist guardians and conservators with reports and estate administration. We also represent individuals/families in modification or termination of guardianship and conservatorship proceedings based on changes in circumstances, if/when appropriate.
Executors and Personal Representatives
When probate administration is necessary to settle a loved one’s estate, it does not have to be confusing or intimidating. Ashley Day Law helps you take care of the legal issues after the death of a loved one, including administration of your loved one’s Will or administration of your loved one’s intestate estate (if there is no Will), and can expedite the probate process by ensuring all documents are accurately and thoroughly prepared, published, served, and filed as needed.
From providing a checklist to help you keep track of the information you need to gather, to paying bills, to preparing inventories, accountings, and annual reports, to communicating with family members, institutions, and/or agencies, to making distributions, to the final termination of the estate or trust administration, we can help you determine what steps are necessary and assist you in all stages of administration.
Our goal is to ease your mind and help you transfer the assets of your loved one as quickly as possible.
Trust administration refers to the tasks associated with managing the assets, distributions, and filings of a trust. These tasks can often be quite complex and time-sensitive, especially for first-time trustees and people serving as trustees of Special (Supplemental) Needs Trusts (SNTs) and other irrevocable/asset protection trusts.
Trustees are responsible for trust administration and have fiduciary duties, including duties to primary and contingent beneficiaries, the duty to comply with the trust agreement’s provisions to carry out the intentions of the grantor and fulfill the purpose of the trust, and other specific duties established in the trust agreement and by state law, including prudently managing investments and paying taxes.
Ashley Day Law advises and works with trustees to successfully fulfill their responsibilities for managing the trust assets, making distributions according to the instructions contained in the trust agreement, and filing and reporting to government agencies if/when necessary, reducing or eliminating the stress and anxiety often experienced by trustees.
Ashley Day Law, LLC is happy to represent you, work with you to put structures and processes in place that simplify administration, and provide other guidance and assistance as requested. Our goal is to ensure you successfully perform your administrative duties and have peace of mind. Give us a call. We’re here to help.
Planning for the unforeseen circumstances in life shouldn’t be a burden—it’s an act of love that protects, provides, and empowers the ones you love most. Ready to plan for your family’s future? Give us a call today.GET IN TOUCH