Lawyers are a critical component of both estate planning and administration. that may arise in certain situations. For example, where clients intend to disinherit an heir, the drafting attorney should adequately document the client’s intent in a way that helps dissipate the likelihood of litigation in the future. Certain circumstances should raise red flags for drafting attorneys, such as where an individual appears to be overly involved in an elderly or dependent client’s relationship with the attorney – scheduling and attending meetings, completing forms, paying fees, or otherwise directing the representation. These types of situations are ripe for future issues and drafting attorneys need to be constantly on the lookout so they can react appropriately. What advice would you give to recently bereaved families who are just beginning the process of organising their loved one’s estate? The most important thing is to take time to grieve. Oftentimes, families get wrapped up in all the legal and administrative tasks that must be handled and become overwhelmed. In most situations, there is no immediate need to act and families can give themselves grace to focus on what is important first (the soonest deadline associated with estate administrations is usually no less than 30 days). When it is time to move forward with the administration, they should gather together all of the decedent’s legal documents. This will allow them to first determine what type of administration will be required so they will know if the court must be involved. Why is the assistance of a lawyer a significant benefit under these circumstances? Lawyers are a critical component of both estate planning and administration. On the planning side, a good lawyer can help establish a thoughtful and complete estate plan, simplifying administration after death. A lawyer can also help navigate the process of estate administration during a very emotionally difficult time. There are many technicalities associated with estate and trust administrations and neglecting these requirements can result in significant delay and cost. Most importantly, trustees and personal representatives have important fiduciary duties and must carry out their obligations with reverence to these duties. Even slight missteps can result in potential liability or unnecessary conflict. The lawyer representing a fiduciary ensures that he or she understands their obligations, helping to insulate the client from potential liability. In most cases, a trustee may hire an attorney and pay attorney fees from the trust’s assets. With a probate administration, the Probate Code sets the amount of the attorney compensation, so all attorneys will charge the same amount for ordinary work in an administration. The attorney fee is not due until ordered by the court and is paid at the completion of the probate from the estate assets. EXPERT INSIGHT 53 About Laura Nelson-Becker Laura Nelson-Becker is a partner at Becker Nelson Center & James who practices almost exclusively in the field of trusts and estates. She has been certified as a legal specialist in Estate Planning, Trust and Probate Law by the State Bar of California Board of Legal Specialization since 2017. In addition to estate planning and administration matters, Laura regularly handles litigated trust and estate disputes, including will contests, claims against fiduciaries, and property ownership disputes. Becker Nelson Center & James Becker Nelson Center & James (BNCJ) provides legal services to individuals and business clients throughout Northern California, handling matters in real estate, business, labour and employment, estate planning and administration, trust and estate litigation, civil litigation, family law and personal injury. Contact Laura Nelson-Becker Becker Nelson Center & James 263 Main Street, Placerville, CA 95667, USA Tel: +1 530-295-6400 | +1 530-617-1692 Fax: +1 530-663-8459 E: laura@lauranelsonlaw.com www.lauranelsonlaw.com
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