Probate and Fiduciary Administration
Probate is the court supervised process for passing ownership of your assets to the beneficiaries named in your Will or, if you died without a Will, to your next-of-kin. Probate Courts can also be used to oversee the actions of executors, trustees, guardians of minor children, and conservators.
The probate process can be complicated and difficult to navigate for those who are unfamiliar with probate court rules and procedure. This is particularly true in the case of larger estates or estates with complicated and/or diverse assets. For this reason, many families prefer to hire an attorney to assist with the process. The probate attorneys at KKC routinely assist families in probating the estates of their loved ones.
Our probate attorneys can prepare all necessary probate court filings, prepare and file required tax returns, assist with processing non-probate assets (ex. life insurance, retirement accounts, joint property, etc.), mediate and resolve potential disputes, and generally reduce the time commitment required by executors and administrators of estates.
Post-mortem Tax Planning and Return Preparation
KKC's attorneys prepare estate tax returns and fiduciary income tax returns with the goal of minimizing the potential of any income tax to the estate and the estate’s beneficiaries. We also advise estate beneficiaries on how to best take title to inherited assets and how to use other planning techniques to achieve tax savings for the beneficiary and satisfy the beneficiary's own estate planning objectives.
Executors, trustees, beneficiaries of estates and trusts, and conservators often need litigation services. This growing practice area has focused on estate and gift tax litigation, Will contests, hearings on the construction of trusts and other estate planning documents, and the rights of conserved persons. Our experience extends beyond the Probate Court and into state and federal courts, including the United States Tax Court.
Conservatorships and Guardianships
In order to manage the affairs of an incapacitated person, it may be necessary to establish a conservatorship or guardianship through the Probate Court. Our probate attorneys are familiar with Probate Court rules and other issues associated with the onset of incapacity and can make this process as worry-free as possible for the family members or other loved ones.