Trust, Estate, & Probate

Estate & Trust Planning

Estate planning is about more than deciding how assets should be distributed. A thoughtful plan can help individuals and families prepare for incapacity, provide direction for loved ones, coordinate the transfer of property, and reduce the uncertainty that can arise when plans are incomplete or outdated.

Klinedinst attorneys work with clients on estate-planning matters with an understanding that personal, family, property, and business considerations are often closely connected. Our team includes attorneys with specialized experience in estate planning, trust, and probate law, as well as attorneys who integrate estate and business planning when those needs overlap.

Estate & Trust Planning Capabilities

• Wills and trusts
• Revocable living trusts
• Probate-avoidance planning
• Planning for incapacity
• Powers of attorney and health care planning
• Review and updating of existing estate plans
• Planning involving real property and other assets
• Coordination of estate and business-planning considerations

Every estate plan depends on the client’s circumstances, family relationships, assets, and long-term goals. Klinedinst works with clients to understand those priorities and develop planning documents suited to their individual needs.

Our trust and estate attorneys can also assist when planning issues later involve trust administration, probate, or disputes among beneficiaries, trustees, or other interested parties.

To learn more about our Estate & Trust Planning capabilities, contact a member of the Klinedinst team.

Related Practice Areas

• Probate Administration
• Trust & Estate Disputes & Litigation
• Real Property Disputes
• Corporate and Transactional

Probate Administration

Probate is the legal process where the personal representative (executor or administrator) of an estate goes before a court to administer the estate and ultimately distribute its assets. The personal representative is charged with identifying and cataloging all estate assets. All estate assets are thereafter appraised by a Probate Referee. Any liabilities of the estate, as well as any federal, state, or local taxes also need to be considered and either accepted and paid, or rejected. The personal representative also needs to present to the court the decedent’s will, and demonstrate that the document is valid. In short, it is no easy task and highly procedural. Any mistakes in the process or many filings, however minor, can cause delay. The longer the estate takes to administer, the longer the heirs need to wait for closure.

Klinedinst attorneys counsel family members, creditors, and professional fiduciaries on administering a decedent’s estate.  Our attorneys provide a wide variety of services, including:

• Petitions for Probate
• Assistance with Property Distribution
• Spousal Property Petitions
• Property Claims (850 Petitions)
• Transfers of Real Property and Personal Property

Sometimes the administration of probate comes with its own set of challenges and disputes. With Klinedinst’s decades of experience in multi-forum complex litigation matters, our attorneys are adept at handling challenging administration obstacles such as those involving foreclosures, evictions, and reverse mortgages.

Real Property Disputes

Klinedinst’s Real Property Disputes group represent clients in a wide array of matters. Our attorneys are well-versed in managing Foreclosure-related sales along with Reverse Mortgage properties that become subject to probate. We connect with Realtors and help facilitate a speedy sale or division of property through a Partition Action. If a trustee isn’t distributing assets we can help with removing a trustee from a family trust. We can assist in trust appraisals and in keeping your tax rates through a Preliminary Change of Ownership.