Legal Support For Santa Clara County Estate Administrators and Executors
The executor or administrator has a very important role in the probate process. They are responsible for guiding the deceased’s estate through probate court and settling their final affairs. Doing this final task for their loved one or cherished friend is a noble duty, but it can also be a lot of work and requires the administrator or executor to deal with a set of laws and procedures that they may not understand. Despite their best efforts, it is easy to make a costly mistake.
At Gorini & Gorini, LLP, our lawyers take away the confusion and worry from the job of estate administrator or executor. Our multigenerational and family-run law firm provides representation to estate administrators and executors throughout Santa Clara County. Our founder, Richard Gorini, is a member of the American College of Trust and Estates Counsel and a certified specialist in estate administration, which only eight San Jose attorneys can claim. You can rely on our team for time-tested advice and procedural help every step of the way.
What Does An Estate Administrator Do or Estate Executor Do?
As an administrator or executor, your job is to make sure all matters are appropriately settled according to the will and California law. Among your duties as administrator or executor are:
- Gathering the will and other vital documents
- Providing an inventory of all the deceased’s assets
- Settling all debts with the deceased’s creditors
- Paying all taxes that the estate owed
- Accounting for all actions taken by the administrator or executor
- Distributing the remaining assets to the designated heirs
The above-listed duties are not exhaustive, but rather illustrate some of the many obligations of a personal representative.
This all takes place through the probate court in the county where the deceased resided. The court’s duties include naming the estate administrator or executor, deciding if the submitted will is valid, and receiving any complaints about the administrator’s or executor’s performance or the validity of the will. Though such disputes are rare, they do happen. Our attorneys will do everything possible to resolve such conflicts before they turn into litigation. If the conflicts turn into ligation, our attorneys will be able to represent you in court.
Legal Support for California Trustees
The trustee of a trust is responsible for administering the trust pursuant to the terms of the trust agreement. Although a trust is generally not subject to court-supervision, there is still a strict set of procedures that a trustee must abide by. Among your duties as trustee are:
- Providing notice to the beneficiaries of the trust and the deceased’s heirs-at-law
- Garnering the trust assets and appraising the assets
- Paying all taxes that the trust owes
- Accounting for all actions taken by the trustee
- Distributing the remaining assets to the designated beneficiaries (or hold such assets in trust pursuant to the terms of the agreement)
The above-listed duties are not exhaustive, but rather illustrate some of the many obligations of a trustee.
Despite acting in good faith, a trustee may find him or herself as the subject of a dispute. If a trust administration becomes contentious, our attorneys will be able to provide experienced and professional litigation support.
You Don’t Have To Do This Alone
Our lawyers have gone through this process with countless clients for over 40 years. Let them help remove the stress and uncertainty of probate from your shoulders. Contact Gorini & Gorini, LLP, online or call 408-286-6314 to schedule your consultation at our San Jose office.