Sophisticated Estate and Trust Administration Counsel and Advice

When a person passes away, he or she leaves behind assets, debts, tax filing requirements, and other issues that must be addressed. The assets now comprise the estate of the deceased, and death often results in the creation of trusts. The law requires that estates and trusts (legal “persons” or entities themselves) have someone in charge, a sort of CEO of the new entity. Depending on the exact details, this may mean an executor (when there is a Will), an administrator (when there is no Will), and/or a Trustee. These roles are known as “fiduciary” appointments. While some people name an attorney or a bank to serve these roles, it is also common to name a family member.

Administering the estate or trust of a loved one can be a challenging responsibility. There exist numerous obligations with which most people are unfamiliar. Simultaneously, these responsibilities of administration are so often carried out while the fiduciary (and the rest of the family) are grief-stricken, making it harder to concentrate, find time, and generally learn how to “do it yourself.” For this reason, many executors and trustees find it helpful to get advice from experienced attorneys as they navigate the uncharted waters of serving as an executor or trustee. Bennett Law LLC, has over 20 years of experience representing executors, administrators, and trustees.

Furthermore, following the death of a family member, grief can result in disagreements between family members regarding certain aspects of the estate or trust administration. Sometimes the departed family member, especially Mom or Dad, served the role of “peacekeeper” or “referee” within the family, and, with them gone, discontent between family members increases. The executor or trustee sometimes bears the brunt of this emotional discontent and can become a punching bag or escape goat, as the estate becomes a sort of battlefield on which to carry out emotional disagreements. Many executors and trustees find it useful to have experienced attorneys address these issues and assist them (by serving as a buffer) in dealing with emotional or unhappy family members. Often times, this assistance helps keep family unity intact going forward.

At Bennett Law LLC, we believe that no one should have to face so much responsibility alone during such an emotionally difficult time.

Attorney Dana A. Bennett regularly represents those who have been named as executors, trustees, and administrators. Bennett Law, LLC, offers representation at whatever level of assistance fiduciaries feel they need. Dana and/or Jason can take on some or all of the responsibilities of administration; alternatively, they can simply provide the support a fiduciary needs to be able to act effectively on an as-needed basis. Whether a client seeks to delegate a task or simply to have the attorney oversee his or her actions, these duties include:

  • Probating the Will and other court actions.
  • Filing necessary (and complicated) federal and state estate and inheritance tax returns, which are NOT the same as income tax returns.
  • Seeing to the filing of federal and state fiduciary income tax returns.
  • Inventorying assets and securing same.
  • Overseeing the transfer of title of assets, including dealing with real estate, banks and bank accounts, brokerage accounts, retirement assets, insurance proceeds, and the retitling of cars, boats, motorcycles, guns, and certificates of stock.
  • Dealing with disputes.
  • Preparing accountings.
  • Transferring business interests.
  • Protecting the executor, administrator, or trustee from future liability, especially at the termination of the administration.
  • Decades of Estate and Trust Administration Experience

At Bennett Law LLC, attorney Dana A. Bennett will bring over 20 years of experience helping people deal with the complexities of estate and trust administration. They hold LL.M. degrees in taxation from New York University School of Law and New York Law School, respectively. Their extensive experience and backgrounds in taxation allow them to help clients effectively administer their loved ones’ estates or trusts. They provide comprehensive assistance on all aspects of the estate. They also represents beneficiaries who may have questions regarding the administration of an estate or trust.

When you have been asked to serve as a personal representative or executor, turn to Bennett & Wyatt, LLC, for experienced counsel that offers the guidance you need to make the right choices. To schedule an initial consultation with an estate lawyer, call 732-268-7520 or contact the office online.

Estate Administration Attorneys Serving Monmouth County, Ocean County and throughout NJ and NY