Probate And Trust Administration
Attending to the final legal and financial details of a person’s life can be a difficult process, especially while grieving the loss of a loved one. If you are in the process of personal estate planning or will be acting as a representative to a loved one’s estate, it is wise to seek help from an experienced attorney.
In addition to estate planning, the Law Office of Kevin A. O’Brien is proud to offer probate and trust administration services. Our attorneys provide professional, compassionate and affordable assistance related to the probate and estate administration processes.
How Our Firm Can Help With The Probate Process
It is generally preferable to avoid probate when possible. The probate process can be very tedious, detail-oriented and time-consuming for anyone who is not a lawyer. It requires a careful accounting of all the decedent’s property and assets, as well as an explanation for any assets that may be missing.
Unfortunately, probate cannot always be avoided. In such cases, we are prepared to handle all details on your behalf while keeping you apprised of important information. We also advise executors as they fulfill their duties, ensuring that everything is being done correctly.
Legal Guidance On Estate-Related Financial Matters
Working with the Law Office of Kevin A. O’Brien could also save money paid out on behalf of the estate. When someone passes away, creditors are quick to contact executors or family members in an attempt to seek payment on the decedent’s debts. What most people don’t realize is that there may be considerable flexibility on how, when and even if these bills need to be paid.
Our attorneys can:
- Identify which debts must be paid and which may not be enforceable
- Determine which debts are personal and which belong to the estate
- Negotiate with Visa, Mastercard and other companies for repayment plans or settlement amounts
- Help families create a plan for which bills need to be paid, how they should be paid and when they need to be paid
This guidance can protect the estate from unnecessary payments and ensure funds go to the rightful beneficiaries.
Common Questions About Probate And Estate Administration
We understand that probate can raise many questions, especially during an already difficult time. Below are answers to some of the most common concerns families have when dealing with estate administration. If you have additional questions about your specific situation, we encourage you to contact our office for personalized guidance.
What Must An Executor Do During Probate?
An executor, also called a personal representative, takes on important legal responsibilities when managing someone’s estate. These duties require attention to detail and considerable time, which is why many executors work with an attorney. The main duties of an executor include:
- Locating and securing all estate assets, including bank accounts, real estate, investments and personal property
- Notifying creditors, beneficiaries and government agencies about the death
- Filing the will with the probate court and opening the estate
- Creating a detailed inventory of all assets and their values
- Paying valid debts, taxes and final expenses from estate funds
- Managing estate assets during probate
- Distributing remaining assets to beneficiaries according to the will or state law
- Keeping detailed records and filing the required court documents
These duties carry legal liability. If an executor makes mistakes or fails to follow the law, the court can hold them personally responsible. We guide executors through their tasks and help complete them properly.
When Can An Executor Be Removed From Their Role?
An executor may fail to fulfill their duties properly or act against the interests of the estate. In these cases, the probate court can remove or replace them. This requires court approval through a formal process. Common reasons the court removes an executor include:
- Failing to file required court documents or meet deadlines
- Mismanaging estate funds or assets
- Having a conflict of interest with beneficiaries
- Being unable to perform duties due to illness or incapacity
- Refusing to provide the required accounting to beneficiaries
- Committing fraud or self-dealing with estate property
To remove an executor, an interested party such as a beneficiary must file a petition with the probate court. The court sets a hearing where both sides present evidence. If the court finds sufficient cause, it removes the current executor and appoints a replacement. The will may name a successor, or the court may appoint someone else if necessary.
What Is The Timeline For Probate In Delaware?
The probate process in Delaware typically takes nine to 18 months. The timeline may vary based on the estate’s complexity. Delaware law sets a minimum waiting period before an estate can close. Creditors have six months from the date the executor publishes notice to file claims, so executors cannot close even simple estates before this period ends. Several complications extend the timeline, including:
- Disputes among beneficiaries
- Will contests
- Difficulty locating or valuing assets
- Estate tax issues
- Real estate sales
Estates with clear records, cooperative beneficiaries and straightforward assets can move through probate more quickly. We work to keep the process moving swiftly while ticking off all the legal boxes.
Call Us To Learn More About How We Can Assist Your Family
The Law Office of Kevin A. O’Brien is located in Greenville, and we serve clients throughout Delaware and Pennsylvania. We also serve clients from New Jersey and Maryland who wish to draft an estate plan under Delaware law. To take advantage of a no-obligation consultation with one of our skilled attorneys, call us at 302-888-2707. You can also fill out our online contact form.