(757) 734-7584
Dealing with a loved one's estate can be overwhelming. At East Coast Elder Law, PLLC our Certified Elder Law Attorney and staff are here to help you navigate the complex process of estate administration.
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You instantly face a list of profound duties when you're named an executor or trustee. You're expected to manage a loved one's final affairs with precision during a difficult time. A Virginia Beach estate & trust administration attorney provides the specific guidance required to fulfill these obligations correctly and confidently.
You don’t have to handle this complex legal and financial process on your own. Call East Coast Elder Law today at (757) 734-7584 for clear direction.
When you take on the role of a fiduciary, you need a partner who can provide focused and effective legal support. Our firm is dedicated to helping individuals and families move through the administration process with clarity.
Our commitment to this community goes beyond our legal practice: we have a personal connection to the people we serve. From the quiet neighborhoods of an Alanton to the bustling atmosphere of the Town Center, we assist clients all over Virginia Beach.
Our familiarity with the local courts helps streamline the formal aspects of estate administration.
We exclusively handle elder law, estate planning, and administration matters. This focus allows us to stay current with the intricacies of Virginia probate and trust codes.
We analyze the details of your situation to offer tailored advice. East Coast Elder Law gives each client direct support that you and your family can depend on.
You’ll have open access to your attorney and receive straightforward answers to your questions. We explain your responsibilities in plain language, not confusing legal jargon. We work to stabilize your family’s situation and help you move forward.
To discuss how a Virginia Beach estate & trust administration attorney can assist you, contact us at (757) 734-7584.
As an executor or trustee, you have a legal obligation to act in the best interests of the estate and its beneficiaries. An attorney helps you manage these duties efficiently while remaining compliant with Virginia law. This guidance is invaluable as you work to settle your loved one's affairs.
Before you can officially act on behalf of an estate, you may need to qualify before the Clerk of the Circuit Court. This is the first step in the formal probate process. We assist you with preparing and filing the necessary petition and other court-required documents.
An attorney also helps you determine which assets are subject to probate and which may pass directly to heirs. Certain assets can bypass this formal process entirely. Proper classification saves time and expense for the estate.
One of your primary duties is to locate and value all the decedent's assets. A formal inventory must be filed with the Commissioner of Accounts. This requires diligently surveying and collecting everything from bank accounts to real estate.
Throughout the administration, you must also maintain accurate and complete records of all income and expenditures.
We help you prepare the formal accounts that must be filed for court approval. These documents provide a transparent record of how you managed the estate’s finances, helping to protect you from personal liability.
You’re responsible for paying the deceased’s final bills and legitimate debts from estate funds. This process involves notifying known creditors and publishing a notice for unknown ones. An attorney helps you manage this task and determine the validity of claims.
The estate might also have tax obligations. Common responsibilities include:
We can work with tax professionals to ensure all necessary returns are filed and taxes are paid before you distribute any assets.
When you accept the role of executor or trustee, you become a fiduciary. This is a legal term that signifies a relationship of the highest trust. It means you must act solely for the benefit of another party—in this case, the estate or trust and its beneficiaries.
Breaching these duties can lead to personal financial liability.
Your primary obligation is to put the interests of the beneficiaries first. You cannot engage in self-dealing, such as selling estate property to yourself at a low price or hiring your own company to perform services for the estate without proper authorization.
As a fiduciary, you must manage the estate or trust assets responsibly. You must handle the assets with the same care as a reasonable person in managing their own affairs. This involves protecting property from damage or loss, making sensible investment choices, and avoiding overly speculative or risky ventures.
Your goal is to stabilize and preserve the value of the assets you control.
You have a duty to maintain meticulous and accurate records of every transaction, including all money coming into the estate and every dollar spent. Furthermore, you must keep beneficiaries reasonably informed about the status of the administration and respond to their legitimate requests for information promptly.
While the responsibilities of a trustee are similar to those of an executor, the trust administration process is distinct from probate. Trusts avoid the court system, which creates several key differences in managing affairs.
A knowledgeable Virginia Beach estate & trust administration attorney can clarify the specific path you need to follow.
Probate is a public court proceeding. This means the will, the inventory of assets, and the final accounting become part of the public record, available to anyone who looks. Trust administration, on the other hand, is an entirely private process.
The trust document, its assets, and the distributions to beneficiaries remain confidential. This privacy is one of the main reasons people choose to create trusts. Your actions as a trustee are governed by the trust document and Virginia law, not by constant court oversight.
Upon the death or incapacity of the person who created the trust (the grantor), you step into your role as the named successor trustee. Your authority comes directly from the trust document itself.
The steps you’ll need to take generally include:
This process allows for a seamless management transfer and eventual ownership without the delays and costs associated with the probate court.
Even with a detailed will or trust, fiduciaries can encounter unexpected difficulties. A Virginia Beach estate & trust administration attorney provides the counsel needed to overcome these obstacles. Legal guidance helps prevent small issues from becoming larger conflicts.
Legal documents sometimes contain unclear or contradictory terms. A phrase that seemed clear to the person who wrote the will might be confusing to you and the beneficiaries. This ambiguity can lead to disagreements over the decedent’s true intentions.
When you encounter these situations, we help you understand the legal meaning and practical implications of the language. If needed, we can seek court instruction to determine the proper way to interpret the document.
Beneficiaries often have questions and concerns about the process and timing of their inheritance. As the fiduciary, you must keep them reasonably informed about the progress of the administration. Maintaining open and honest communication can prevent suspicion and conflict.
Disputes can still arise, especially when family dynamics are complex. One beneficiary may challenge the validity of the will or question your actions as executor.
Our firm helps you manage these difficult conversations and formally respond to legal challenges if they occur. We aim to de-escalate conflict and find resolutions that preserve family relationships.
A Virginia Beach estate & trust administration attorney acts as a buffer in contentious situations. We help you fulfill your duty of communication while protecting the estate from unreasonable demands. We’ll help you settle the estate so as not to worsen family disagreements.
When a person passes away without a will, Virginia's laws of intestate succession dictate who inherits the property. This process can be more complex than administering an estate with a will.
Your Virginia Beach estate and trust lawyer assists administrators of intestate estates with these unique challenges. Specific duties in this situation may include:
Handling an intestate estate requires careful adherence to state law to ensure every heir receives their proper share.
First, locate the original will and other important documents like death certificates, bank statements, and life insurance policies. Next, you must secure the decedent’s assets, such as their home and personal property, to protect them.
The next step is to consult with a Virginia Beach estate & trust administration attorney who can review the will and advise you on whether probate is necessary and guide you on the qualification process.
The timeline depends on the estate's complexity. Factors like the types of assets involved, whether property needs to be sold, the number of beneficiaries, and any debts or disputes all influence how long the process takes. An attorney helps you navigate these steps as efficiently as possible.
Yes, an executor generally has the authority to sell estate property to pay debts or to facilitate distribution to beneficiaries. If the will grants the power of sale, you can often proceed without court permission. If it doesn't, you might need to petition the court for the authority to sell real estate.
A will is a set of instructions, but it does not administer itself. A Virginia Beach estate & trust administration attorney helps you interpret and follow those instructions according to Virginia law.
East Coast Elder Law assists with court filings, asset management protocols, creditor notices, tax considerations, and preparing formal accountings to protect you from personal liability and ensure a smooth process.
As an executor or trustee, you have a duty to make a diligent and reasonable effort to find all named beneficiaries. This can include using online search tools, contacting known relatives, or even hiring a professional search firm.
If a beneficiary truly cannot be found after a thorough search, you might need to ask the court for direction on how to handle their share of the estate.
A beneficiary is a person or entity specifically named in a will or trust to receive assets. An heir is a person entitled to inherit property under Virginia's intestate succession laws when someone dies without a will. All beneficiaries named in a will are heirs, but not all legal heirs are necessarily named as beneficiaries.
If an estate's debts exceed its assets, it is considered an insolvent estate. Virginia law sets out a specific order of priority for paying creditors. An attorney helps you follow this statutory payment schedule, ensuring you pay debts correctly and protecting you from personal liability for any shortfalls.
No, you are not obligated to accept the role. If you do not wish to serve, you can formally renounce your right to qualify as executor. The court will then appoint the alternate executor named in the will or another suitable person according to Virginia law.
The responsibility of closing a loved one’s chapter in life is a significant undertaking. You are tasked with bringing a sense of order and finality during a time of personal loss. Your careful work helps preserve the legacy they intended to leave for their family and loved ones.
East Coast Elder Law is here to help you complete this final, important act with precision and care.
When you’re ready to take the next step, call our office today at (757) 734-7584 to schedule a consultation.
