Administration

Estate Administration & Probate

 The administration of an estate can be intimidating; it is a complex task governed by a highly specialized set of federal and state laws.  At a time when you are grieving and may need to focus on the emotional needs of other loved ones, the attorneys and staff at Robert D. Borteck, P.C. are an invaluable resource.  We provide skilled and caring representation to the individuals who have survived the decedent.

We carefully address all aspects of the situation and explain what needs to be done.  We work with the family members and trusted loved ones to navigate the estate administration process, whether it be through an intestate succession or the probate of a Will.  We also address the more complex estate administration issues that often arise, including the funding and administration of testamentary trusts, transferring real estate to beneficiaries, and addressing complex tax and ownership concerns between heirs and beneficiaries.

Trust Administration

 The use of trusts in modern estate planning has increased dramatically. Trust administration involves the transfer of assets held in trust that are managed and distributed by a trustee or co-trustees. Trustees have a fiduciary duty to the beneficiaries of the trust and must comply with both statutory and case law obligations. Robert D. Borteck, P.C. provides a high level of sophisticated yet personalized service to trustees and designated trust beneficiaries.

Federal & State Estate, Gift and Generation-Skipping Taxation

Fiduciary Income Taxation

Robert D. Borteck, P.C. prepares the estate tax returns when the circumstances require it and works closely with the estate’s other tax advisors to guarantee that all income and other tax issues that arise as a result of the administration are properly handled.  By carefully scrutinizing how all assets are reported, we strive to minimize the likelihood of an audit for our clients.  If a tax dispute does arise, we represent our clients’ interest before the Internal Revenue Service and/or State taxing authority.  If necessary, we also litigate these disputed tax issues before the appropriate courts.

Fiduciary Representation and Liability

Fiduciaries of an estate have duties to both beneficiaries and creditors of an estate. We help our fiduciary clients to determine to whom the fiduciary owes a duty, how to fulfill that duty, and how to deal with competing duties. We advise our fiduciary clients on what powers they have to accomplish the task before them, and what actions go beyond their powers and can subject them to personal liability. We advise as to all appropriate timelines, and advise our fiduciary clients throughout the long-term relationship.

Beneficiary Representation

 Robert D. Borteck, P.C. also represents beneficiaries of trusts and estates to ensure that their interests are adequately protected.  We strive to address our client’s concerns in an amicable manner; our primary goal is to avoid litigation due to the financial and emotional burden it may place upon a beneficiary.  However, where and when necessary, we have many years of experience in representing beneficiaries in court contested probate matters.

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If you need assistance in connection with the administration of an estate or trust, please contact our office to make an appointment.