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Five Ways Probate Attorneys Help Executors

May 25, 2017 //  by Jeffrey A. Nirenstein, Estate Planning Attorney

Hartford probate attorneys provide invaluable help during the probate process, which is the process by which assets are typically transferred to new owners when someone has passed away. The probate process can be a complicated, high-stakes process as the outcome of the probate process will have a major impact on what happens to the assets that the deceased has left behind.Ā Hartford Probate Attorneys

Many people are involved in the probate process, including creditors with claims against the estate, heirs or beneficiaries, and potentially those who may wish to contest a will. One particular person, however, has the most responsibility during probate process. That person is the executor of an estate.

Nirenstein, Horowitz & Associates can provide representation to estate executors and others involved in the probate process. If your loved one has passed away, give us a call today to learn about the ways in which our legal team can make the probate process easier. We can provide personalized advice and explain how we can help executors in the following five ways.

Understanding a Fiduciary Duty

Anyone who agrees to serve as executor of an estate needs to understand what a fiduciary duty is. When you agree to serve as the executor, you have a fiduciary duty, which is the highest duty that is owed under the law. If you enrich yourself at the expense of the estate, a claim could be made against you for breach of fiduciary duty. This could have serious legal ramifications. Nirenstein, Horowitz & Associates will help you to ensure that you comply with your obligations as a fiduciary by advising you throughout the probate process.

Filing Court Paperwork

The executor of an estate is the person who is responsible for moving the estate through the probate process. You will need to file initial paperwork to get the probate process started and will need to continue to submit appropriate filings and documentation to the court throughout the probate process. Nirenstein, Horowitz & Associates can take care of court filings on your behalf so you do not miss any deadlines or make any errors.

Complying with Probate Requirements

During the probate process, you have many obligations as executor of an estate. You must provide notice to potential heirs or beneficiaries of the probate process, and also provide notice to creditors. You have an obligation to manage estate assets as well. These are just some of the things that you must do to make the probate process go smoothly and to comply with probate law requirements. Nirenstein, Horowitz & Associates will explain everything that you must do during the probate process and will take care of as many tasks as possible on your behalf.

Filing Tax Forms

It is the job of an executor to secure a tax ID number for the estate, if necessary, and to comply with all state and federal tax requirements that arise as a result of the death. On larger estates, estate taxes may have to be paid. Nirenstein, Horowitz & Associates will explain tax rules and will provide assistance in fulfilling all legal requirements with the IRS.

Facilitating the Transfer of Assets

The probate process involves changing the ownership of assets to new owners. A determination must first be made on who should actually inherit assets. The last will and testament that the deceased created should determine who inherits, but sometimes there is confusion over how a will should be interpreted. In other situations, a will may be contested and its validity will need to be determined. Nirenstein, Horowitz & Associates will provide assistance in these complicated situations, which can impact who inherits and which property is transferred to new owners.

There may be many different steps that need to be taken, such as changing titles and deeds. Our firm can assist with the technicalities of this process so the transfer of assets can occur in as timely and efficient a manner as possible.

Getting Help from Hartford Probate Attorneys

The probate process should not have to be a high-stress process, especially when you are already forced to cope with grief over the loss of a loved one. Our firm can help executors of an estate, heirs or beneficiaries, and all others involved in probate to comply with probate laws, to complete technical requirements of probate and to ensure assets transfer without undue delay.

To find out more about the assistance we can offer join us for a free seminar. You can also give us a call at 860-548-1000 or contact us online to talk with a Hartford probate attorney who can help you.

  • Author
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Jeffrey A. Nirenstein, Estate Planning Attorney
Jeffrey A. Nirenstein, Estate Planning Attorney
Estate Planning Attorney at Nirenstein, Horowitz & Associates, P.C.
Jeffrey A. Nirenstein is a founding partner and vice president of the law firm of Nirenstein, Horowitz & Associates, P.C. He received his bachelor of arts degree in government from Clark University and his law degree from New York Law School.

Mr. Nirenstein is licensed to practice before the courts of the State of Connecticut and the United States District Court. He is a member of the Connecticut and Hartford County Bar Associations, and the Estate and Probate, Elder Law, Business Law and Real Estate Sections of the Connecticut Bar Association.
Jeffrey A. Nirenstein, Estate Planning Attorney
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Nirenstein, Horowitz & Associates P.C.
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