The Probate and Trust Administration Department of Freeman, Freeman & Smiley, LLP, provides a complete array of probate and trust administration services and specializes in the litigation of complex trust and probate disputes. Members of the Department are not only experienced civil trial attorneys but they are also experienced with the intricacies of probate and trust litigation. Members of the Department also lecture extensively in this area of law, participate in the panel of court-appointed probate attorneys and in community organizations concerning the welfare of seniors. Areas of specialty include:

PROBATE AND TRUST LITIGATION

Estate Litigation
The Firm has prosecuted and defended a wide range of probate and trust disputes, including both Will and Trust contests, claims against the Estate or Trust, and civil or other lawsuits filed against or brought on behalf of the Decedent. The lawyers in the Probate and Trust Administration Department have extensive experience in all aspects of advocacy and dispute resolution. While maintaining advocacy of the client’s interest as the highest priority, the Firm is always mindful of the ultimate return to the client after payment of legal costs. Attention to the bottom line often leads to alternative dispute resolution techniques, such as arbitration, trial by private judges and mediation, designed to resolve disputes in a cost-efficient manner. In addition, attorneys in our Department have formally qualified to serve as Probate Mediators, and have successfully mediated numerous probate and trust disputes themselves.

Modification of Trusts
In many cases, Trusts need to be modified because of changed circumstances not contemplated by the original Settlors. Although these trusts often state that they may not be modified, the Department has represented hundreds of Trusts which have been successfully modified to conform to changes in law or fact with the approval of the court.

Claims Against Fiduciaries
One of the most frequently litigated areas relates to alleged fiduciary malfeasance. The Department has repeatedly prosecuted and defended fiduciaries with regard to allegations that Executors, Administrators, and/or Trustees have failed to carry out their fiduciary duties. These duties have become increasingly complex, and compliance with the myriad duties is one of the Department’s specialities.

Fiduciary Compliance
One of the burgeoning issues in this area is the implementation of the “Prudent Investor Rule,” and the recently amended California Uniform Principal and Income Act. The application and enforcement of these major revisions to the Probate Code requires the fiduciary to use specific and sophisticated investment and accounting techniques to manage the assets under the representative’s control. Our attorneys have represented numerous clients in resolving disputes relating to fiduciary relationships and have lectured extensively in this area, as well.

GIFT TRACKING
The Firm has developed its own computerized gift monitoring system known for non-profit organizations as “Probate Tracker,” which enables the automatic tracking, assessment, valuation and projected distribution of vested gifts and bequests through database management.

ELDER ABUSE
The Firm has been involved extensively in actions with allegations of elder abuse. Special statutes have been enacted to prevent the fraud and abuse of elders. Accordingly, special expertise and discretion is required, since these laws are designed to protect the elderly, but cannot be used to deprive them of their right to make independent decisions.

PROBATE ADMINISTRATION
The members of the Department have extensive experience in areas beyond the scope of the “traditional” probate proceeding and provide hands-on assistance with the sales, characterization and management of Estate assets, retrieval of Estate assets, advise regarding ongoing business interests, interpretation of testamentary documents, and dispute resolution.

Because of the size of our Probate and Trust Administration Department, the Firm is able to provide the most cost-efficient assistance available. By using attorneys and paralegals that have the appropriate training and experience for the task assigned, the Firm is able to provide a full range of services with savings to the client.

Formal Court-Supervised Probate

• Will, asset, and beneficiary analysis
• Emergency actions, including Special Administration
• Petition for Probate and Court appointment of Executor or Administrator
• Identifying and collecting the assets of the Estate
• Identifying and providing Notices to Creditors
• Processing of claims by and against the Estate
• Negotiation, payment, and proration of Estate liabilities
• Ongoing, specialized guidance and assistance in all aspects of management and preservation of Estate assets and specifically devised property
• Facilitate informal or Court-authorized preliminary and final distributions, reports and accounts

Summary Administration and Informal Probate
The Firm is adept at identifying the most appropriate and cost-efficient method of post-death probate transfers including:

• Spousal set-aside petitions
• Small estate affidavits and collections of real and personal property
• Limited proceedings for distribution of real property

Conservatorships and Guardianships
When adults are no longer capable of caring for themselves or their financial affairs, and no estate planning mechanism is in place that authorizes someone else to do so, a Court-supervised Conservatorship may be necessary. Similarly, a Guardianship may be necessary to provide for the care of a minor or a minor’s assets.

The Department’s attorneys and paralegals work closely with the client before and throughout the process, assisting with assessment and evaluation referrals for the proposed Conservatee, and the preparation of all documents required for the appointment of a Conservator. Similarly, a Guardianship may be necessary to provide for the care of a minor or a minor’s assets.

After appointment, the Firm continues to work with the client to provide for the care and protection of the Conservatee or minor, as well as to ensure compliance with all local and state reporting requirements.

Estate Planning for Incompetent Adults
Members of the Department have the specialized knowledge necessary to assist Conservators with obtaining Court approval of estate planning mechanisms, even after the Conservatee has been determined to lack the necessary capacity. This often results in tax and post-mortem administrative savings.

TRUST ADMINISTRATION

Post-Mortem Trust Administration
The members of the Department have a wide range of experience in all areas relating to post-mortem trust administration. The Firm assists clients with:

• Trustee notifications
• Asset identification, inventory, and valuation
• Asset and liability allocation
• Transfer document preparation
• Management and preservation of all Trust assets
• Distribution and termination advisement

Estate Tax Returns
The Department has vast experience in dealing with the complexities relating to all Estate and Trust taxation matters. This includes our own preparation and compilation of the Federal and State Estate Tax Returns, as well as the review of returns prepared by outside accountants and specialists. Our expertise extends to representation regarding audit and/or Tax Court proceedings, solicitation of private letter rulings, and confirmation of valuation discounts for assets.

Sub-Trust Allocation and Funding
Ongoing guidance is provided to identify, evaluate and determine proper sub-trust and beneficiary allocations and funding of assets. The attorneys and paralegals work with the Trustee to maximize all tax benefits and confirm distribution and funding per the terms of the Trust.