Archives for October 2020

How to Know You Selected the Right Trust Administration Attorney

Trust administration is the management of property after the settlor’s death according to the trust document’s terms and for the benefit of the beneficiaries. It can be overwhelming, time-consuming, and confusing. That’s why an experienced trust administration attorney is recommended to help trustees navigate the process and understand their obligations.

Here at the Law Offices of David W. Knecht, we have extensive experience in assisting with the administration of trusts. Read on to learn about some of the most important characteristics of a good trust administration attorney!

Thoroughly explains your duties as trustee: The main challenge for a trustee is that they have ethical responsibilities in handling another’s financial affairs, but they often are first-time trustees and do not know what is required and expected of them. In the worst case scenario, an inexperienced trustee will end up personally liable for mistakes. The best way to prevent that from happening and to achieve success with the trust is to have an experienced trust administration attorney thoroughly explain your obligations and duties.

Guides you through the entire process: Trust administration involves a range of estate planning tasks, including providing required notices to beneficiaries, handling tax issues, protecting assets and facilitating their proper distribution, managing debts and liabilities, etc. An experienced attorney will be able to answer your trust administration questions, review your specific situation, and help you throughout the entire process.

Clarity: Trust administration leaves a lot on a trustee’s plate. The last thing you need is an attorney who uses technical and confusing “legalese” that simply adds to your stress. An experienced attorney will be able to simplify the trust administration process for you and explain your responsibilities and goals in a clear, straightforward way.

Responds to you quickly: Besides being able to communicate clearly, a great trust administration attorney will also make himself available to promptly respond to you, answer your questions, and assist you with your needs.

Comfort and trust: An attorney-client relationship, like any relationship, needs to feel comfortable. Through the often stressful and emotionally-taxing trust administration process, you need to feel comfortable sharing all important information about the trust, asking the questions on your mind, and seeking help during the administration of the trust whenever needed.

For trustees beginning the process of administering a trust, let an attorney who knows what he’s doing help you with the next steps. Contact David Knecht Law today to schedule a consultation and learn more!

Filed Under: Trust Administration Attorney Tagged With: Trust Administration Attorney

3 Qualities of a Capable Probate Lawyer

The American Bar Association defines probate as “the court-supervised legal procedure that determines the validity of your will.” When an individual dies, their will is filed with the court and the probate process begins. During this process, the estate’s property, debts, and claims are inventoried, appraised, and eventually distributed to beneficiaries according to the will.

This process can be time-consuming, complicated, and overwhelming, especially when dealing with the recent loss of a loved one. A qualified probate attorney can help you through it all. Read on to learn about some of the most essential qualities that you should look for when selecting a probate attorney.

Knowledge and Experience:

A probate attorney should be well-versed in the complex laws and court procedures that are involved in the probate process. You’ll particularly want to work with an attorney who understands California probate law and who has kept up-to-date on the most recent changes to the state’s statutes and case law developments.

You’ll also want to find a probate lawyer with plenty of experience. Never select a probate lawyer who is just starting out. Look for an attorney who has practiced California probate law extensively and who understands the nuances of your local court, so that you can be sure you have a qualified person handling your case.

Effective Communication:

Every lawyer needs effective communication skills. This is particularly true for probate lawyers because the job requires clear communication with a number of people, including the executor, the court, and the client.

What this means is that you’ll want to find a lawyer who can not only advocate well for you in front of a judge or an executor, but who can also help you understand the probate process. Estate planning can be complicated. The best probate lawyers can answer all your questions and explain the probate process to you in the most simple and straightforward way possible.

Empathy

Losing a loved one is difficult. While you might not want to even think about estate planning and probate while you’re dealing with such loss, these issues need to be resolved quickly and effectively.

Because of the sensitive nature of the probate process, it’s important for the lawyer handling the case to be compassionate and empathetic towards their client. The best kind of lawyer will be sensitive to their client’s needs, alleviate the stress of handling the deceased individual’s estate, and quickly resolve any problems that arise during the probate process.

With the professional advice and assistance of a California probate attorney, you can ensure your loved one’s estate is properly taken care of. Contact David Knecht Law today to schedule a consultation!

3 Things to Look for When Selecting an Attorney to Prepare Your Living Trust

A living trust is an estate planning document created and legally in existence during the grantor’s lifetime. The main advantage of a living trust is that it does not have to go through the standard probate process, so your funds and assets can be distributed more quickly when you die or become incapacitated than they would be able to with a standard will.

While it’s possible to make your own living trust, hiring an estate planning attorney will help ensure that your loved ones and property are protected. Read on to discover what qualities to look for when hiring an attorney to create your living trust:

Experience:

When looking for a qualified attorney to assist you with your living trust, it’s very important to look for a law firm that has extensive experience in estate planning. Because some of the legal issues in estate planning vary by state and even by county, it’s also important to find a firm with experience serving clients in your area.

Spend some time looking for an attorney with local experience who is familiar with constructing and implementing living trusts for people in situations similar to your own.

Trust:

When selecting an attorney to prepare your living trust, it’s also important to ask yourself the following questions: Do I feel comfortable with this person? Can I see myself working closely with this attorney? Do I trust this attorney enough to share my personal information?

Keep in mind that you’ll be sharing intimate details about your life and your family with your estate planning attorney. It becomes one of the most personal professional relationships that you have. You will want to feel comfortable with this person, and you will want someone who can answer all your questions and provide you the personalized attention that you need.

Reasonable Fees:

Legal fees are another crucial consideration when you’re selecting an attorney to prepare your living trust. It’s often worth it to pay to have the peace of mind that a qualified and professional estate planning attorney brings when you’re setting up a living trust. However, make sure that you have an understanding of what the cost will be for your particular case. A good attorney will be clear about their billing practices, and they will let you know what you will be charged for and if any additional costs come up.

Your estate planning attorney is the person who helps you make sure that your loved ones and property are taken care of. Make sure that it’s someone you can feel confident in.

Contact David Knecht Law today to schedule a consultation to discuss whether a living trust is right for you!

Filed Under: Living Trust , Vacaville Attorney, Vacaville Lawyer