Estate Administration

Did your loved one name you executor of the estate in his or her will? Did your loved one pass on without leaving a will? Whatever the case may be, you can benefit from the representation of an experienced lawyer.

Our lawyers will help you navigate all aspects of estate administration. We recognize that you are coming to us at a difficult time, so we will do everything possible to make legal matters easy for you. Our goal is to do the work so you can focus on being with your family.

Probate

Through the probate process, the court will determine if the deceased's will is valid. The deceased's property will be inventoried and appraised. The deceased's debts will be paid, as will estate taxes, if applicable. The remaining property will be divided in accordance with the will. If there is no will, property will be divided according to that states law.

Small Estate Affidavits

Not all estates go through probate in Oregon. Small estates can be managed through a much simpler process, referred to as a small estate affidavit. A small estate is defined as an estate that holds less than $200,000 in real property and less than $75,000 in personal property.

Trust Administration

Perhaps your loved one created a trust and you have been named successor trustee. Our lawyers can assist with all aspects of trust administration.

Upon the death of the trust maker, the successor trustee, also known as the trust administrator, will take over the management of the trust. Our lawyers can help. We will verify that the trust was properly funded and that everything is in order. In most cases, a carefully created trust leads to probate avoidance. If probate is necessary for some reason, we can assist with this process as well.

In many cases, trust administration is a short-term process. The trustee's duties will include contacting beneficiaries, gathering the assets of the trust and addressing the deceased's debts. Although a trust can minimize or eliminate estate taxes in some cases, there may be some tax obligations that need to be addressed. The property held in the trust will then be distributed in accordance with the trust provisions.

Depending on the nature of the trust, the trustee's duties may be more long-term. For example, a trust may be set up so that children only get access to the property in the trust when they reach a certain age. In these cases, the trustee will be responsible for protecting the trust's assets and providing accountings to beneficiaries. Our estate administration law firm can help with these issues.

E-mail: info@danielmartinlaw.com