Vestevich, Mallender, DuBois & Dritsas is fortunate in having a number of experienced, senior attorneys, whose efficiency usually reduces the costs of settling estates and trusts after a death. The firm has had extensive practice in the representation of fiduciaries and beneficiaries in the administration of probate estates and trusts.
The firm's role in this field of practice includes:
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Making proper probate court filings, notices, inventories, and notices to estate creditors.
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Enforcement of claims on behalf of the estate or trust, including court collection suits.
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Defense or prosecution of claims of undue influence or lack of mental capacity.
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Advising of elective rights of a surviving spouse.
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Ensuring proper notice to and identification of foreign heirs.
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Tracking decedent’s gift and gift tax history.
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Consideration of court reformation of documents that may fail to meet after-death realities.
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Assistance in rendering clear and meaningful fiduciary accountings.
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Deciding upon necessity for appraisals and appropriate appraisers to be retained.
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Handling of dissident heirs or beneficiaries and of claimants against the estate or trust.
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Approaches to short-term and long-term investment of assets of the estate or trust.
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Advising on various options available as to receipt of post-death benefits from employee benefit plans and IRA accounts.
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Collection of life insurance proceeds and annuities.
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Consolidation of estate and income tax returns
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Preparation and filing of IRS Forms 706 and 1041
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Use of disclaimers
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Exercise of special powers of appointment
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Advice regarding tax-effective implementation of charitable devises and bequests
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Addressing correct handing of alien spouse
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Exercise of special powers of appointment
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Administration of closely held businesses under fiduciary control
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Implementation of buy-sell agreements entered into by the decedent
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Consideration of change of trustee where family members have a choice
Our practice group has extensive experience in all types of fiduciary related litigation, these include disputes over need for and choice of guardians and conservators, will and trust contests, beneficiary disputes, carrying out of fiduciary duties, tax audits, will and trust construction, fee disputes and creditor disputes.
