“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 you may ask an Estate Attorney include how to:
• determine what investments and income you should be managing
• invest the money you are managing
• sell the assets you are managing
• spend the money you are managing
• pay the bills
• give money to the beneficiaries
• account for the income, assets, and expenses