“My husband named me as executor in his Will and Trustee of his Trust. Now that he has passed, what am I supposed to do?”
“I’ve gone to Court and been qualified as a fiduciary. What are my duties, and how do I execute them?”
“I just got served with court papers saying I’m not correctly handling my duties. I need help!”
These questions are examples of the concerns of fiduciaries. A “fiduciary” is a person who manages the financial affairs of someone else. They may be managed during lifetime by a Trustee, on incapacity by a Conservator, or after death by an Executor; all are called “fiduciaries” and have very specific rights and responsibilities.
At The Heritage Law Group, our Estate Attorneys and paralegals have years of experience representing fiduciaries in the performance of their duties, before the Courts and the Commissioner of Accounts. We also represent fiduciaries who, through no fault of their own, acted incorrectly or whose actions are being challenged by a beneficiary. In this case the fiduciary may need legal representation to protect him or her from claims resulting from past actions, and to place the fiduciary on the right path.
Questions for an Estate Attorney may include how the fiduciary:
• determines what investments and income he or she is authorized to manage
• invests the money to which he or she is entrusted; and
• sells the assets with which he or she is entrusted; and
• spends the money with which he or she is entrusted; and
• accounts for the income, assets, and expenses.