Those entrusted with the management of estates and trusts have an important fiduciary responsibility to manage the assets under their care as required by the will or trust document, in compliance with law, and in accordance with the highest standards of integrity and good faith toward the beneficiaries. These fiduciary duties are not always clear, and issues can arise, particularly if beneficiaries disagree, and in complex estates and trusts. Trustees and fiduciaries can face significant liability if they don’t perform their duties properly, so appropriate legal advice is a must.
We routinely represent national and international banks and trust companies with respect to their duties as trustees.
Our Business Law practice gives us the resources and expertise to handle administration of business interests and other assets, and we can assist with the disposition of Real Estate if needed. We also work closely with financial advisors, accountants, and other professionals, so that each can perform their appropriate services for the estate where it is most efficient and cost-effective.
Where trusts are unclear or circumstances change, we can provide guidance on how to revise or reform trusts, including filing legal proceedings for trust construction or reformation. If needed, we will assist in obtaining consents and court approval to enable the trustee to take needed actions in the best interest of the beneficiaries.
Please contact us to discuss services where we can assist you, including:
- Trust Construction Issues
- Interpretation of Trust Provisions
- Review of State Law Requirements for Trustees
- Supervising the Filing of Trust Income Tax Returns
- Supervising the Filing of Estate Tax Returns
- Supervising the Filing of Gift Tax Returns
- Funding Trusts
- Obtaining Employer Identification Numbers
- Charitable Trust Administration
- Locating Heirs
- Post-Mortem Estate Planning
- Handling Closely Held Business Interests
- Appraisals and Valuation Discounts
- Handling Out of State Assets