The attorneys at Seal & Kennedy are experienced in probate and trust and estate administration, and have assisted clients in matters ranging from simple trust and estate administration, to resolving and litigating complex administration disputes.
Trust & Estate Administration
Formal and informal probate of last will and testament: When someone passes away, in order to carry out the decedent's desires as provided for in their Last Will and Testament, the will must be submitted to the court for "Probate". The appropriate court pleadings must be prepared and filed with the Court, after which there is typically a hearing in front of the Judge. Depending on the pleadings filed, and how the hearing goes, the Court may appoint a personal representative, and issue the documents necessary to allow the personal representative to carry out the provisions in the decedent's will. The attorneys at Seal & Kennedy can help draft any necessary pleadings that need to be filed with the Court, appear at hearings on your behalf, and help advise you as to your rights or responsibilities under the terms of the last will and testament, and the Utah Probate Code.
Formal or informal probate of intestate estate: If a person passes away without having a will in place, and the decedent has assets titled in their name that must be probated, the decedent's heirs or an interested party must petition the Court to be appointed personal representative in order to be given the authority to carry out the administration of the estate, in accordance with the intestacy laws in place at the time of the decedents passing. The attorneys at Seal & Kennedy can help draft any necessary pleadings that need to be filed with the court, appear at hearings on your behalf, and help advise you as to your rights or responsibilities under the terms of the Utah Probate Code.
Assisting trustees in administration of trust assets: Many individuals now choose to execute a trust, as a means of avoiding probate, and as a way to provide for the transfer of their assets at the time of their passing. If a person has executed a trust, typically a successor trustee is named, who is given the authority to carry out the provisions in the trust. While involvement of the Court is not necessary most of the time when a trust is used, the trustee does have obligations and responsibilities under the terms of the trust, and under the provisions of the Utah Trust Code. The attorneys at Seal & Kennedy can help assist trustees in these matters as well as ensuring the proper distribution under the terms of the trust. We can also counsel and represent heirs and beneficiaries of a trust regarding their rights.
Notice to creditors and dealing with creditor claims: In administering a trust or estate, creditors of the decedent must be notified, and the outstanding financial obligations of the decedent must be paid or rejected. The attorneys at Seal & Kennedy can assist trustees and personal representatives in drafting and providing a notice to creditors, and offering guidance as to which creditors have priority, and which creditors may be barred from recovering from the trust or estate.
Preparation of inventory and accounting: In most trust and estate administrations, the personal representative, or the trustee are required to prepare a date of death inventory, detailing the assets of the decedent as of the time of their passing, and provide that inventory to the heirs and beneficiaries of the estate or trust. On an annual basis, the personal representative or trustee may be required to provide a detailed accounting of the assets and accounts in the trust or estate, including income and expenses incurred in the administration of the trust or estate. The attorneys as Seal & Kennedy can assist personal representatives and trustees in gathering all the necessary information, and creating an inventory and accounting that complies with state law, as well as the requirements in the will or trust.
Drafting small estate affidavits: If the value and nature of the assets in a decedent's estate are below a certain threshold, which is set by state law, family members may be able to avoid the probate process, and handle the transfer of assets with a small estate affidavit. The attorneys here at Seal & Kennedy can assist heirs of the decedent in determining if a small estate affidavit can be used, and if so, can prepare the necessary documentation for the transfer of the estate assets.
Negotiating and drafting estate settlement agreements: Often times even if a loved one has left behind instructions in a trust or will, family members and interested individuals can have a dispute regarding the administration of a trust and estate. In these cases, the attorneys at Seal & Kennedy can assist you in attempting to negotiate and potentially drafting a settlement agreement to help avoid litigation of the matter.
Estate litigation: In some cases, after someone has passed away, disputes arise among beneficiaries and heirs, which require the involvement of a Court. In the event that litigation related to a trust or estate administration occurs, the attorneys at Seal & Kennedy can help you through the process. Having an experienced knowledgable attorney on your side can make a substantial difference in the outcome.
Formal and informal probate of last will and testament: When someone passes away, in order to carry out the decedent's desires as provided for in their Last Will and Testament, the will must be submitted to the court for "Probate". The appropriate court pleadings must be prepared and filed with the Court, after which there is typically a hearing in front of the Judge. Depending on the pleadings filed, and how the hearing goes, the Court may appoint a personal representative, and issue the documents necessary to allow the personal representative to carry out the provisions in the decedent's will. The attorneys at Seal & Kennedy can help draft any necessary pleadings that need to be filed with the Court, appear at hearings on your behalf, and help advise you as to your rights or responsibilities under the terms of the last will and testament, and the Utah Probate Code.
Formal or informal probate of intestate estate: If a person passes away without having a will in place, and the decedent has assets titled in their name that must be probated, the decedent's heirs or an interested party must petition the Court to be appointed personal representative in order to be given the authority to carry out the administration of the estate, in accordance with the intestacy laws in place at the time of the decedents passing. The attorneys at Seal & Kennedy can help draft any necessary pleadings that need to be filed with the court, appear at hearings on your behalf, and help advise you as to your rights or responsibilities under the terms of the Utah Probate Code.
Assisting trustees in administration of trust assets: Many individuals now choose to execute a trust, as a means of avoiding probate, and as a way to provide for the transfer of their assets at the time of their passing. If a person has executed a trust, typically a successor trustee is named, who is given the authority to carry out the provisions in the trust. While involvement of the Court is not necessary most of the time when a trust is used, the trustee does have obligations and responsibilities under the terms of the trust, and under the provisions of the Utah Trust Code. The attorneys at Seal & Kennedy can help assist trustees in these matters as well as ensuring the proper distribution under the terms of the trust. We can also counsel and represent heirs and beneficiaries of a trust regarding their rights.
Notice to creditors and dealing with creditor claims: In administering a trust or estate, creditors of the decedent must be notified, and the outstanding financial obligations of the decedent must be paid or rejected. The attorneys at Seal & Kennedy can assist trustees and personal representatives in drafting and providing a notice to creditors, and offering guidance as to which creditors have priority, and which creditors may be barred from recovering from the trust or estate.
Preparation of inventory and accounting: In most trust and estate administrations, the personal representative, or the trustee are required to prepare a date of death inventory, detailing the assets of the decedent as of the time of their passing, and provide that inventory to the heirs and beneficiaries of the estate or trust. On an annual basis, the personal representative or trustee may be required to provide a detailed accounting of the assets and accounts in the trust or estate, including income and expenses incurred in the administration of the trust or estate. The attorneys as Seal & Kennedy can assist personal representatives and trustees in gathering all the necessary information, and creating an inventory and accounting that complies with state law, as well as the requirements in the will or trust.
Drafting small estate affidavits: If the value and nature of the assets in a decedent's estate are below a certain threshold, which is set by state law, family members may be able to avoid the probate process, and handle the transfer of assets with a small estate affidavit. The attorneys here at Seal & Kennedy can assist heirs of the decedent in determining if a small estate affidavit can be used, and if so, can prepare the necessary documentation for the transfer of the estate assets.
Negotiating and drafting estate settlement agreements: Often times even if a loved one has left behind instructions in a trust or will, family members and interested individuals can have a dispute regarding the administration of a trust and estate. In these cases, the attorneys at Seal & Kennedy can assist you in attempting to negotiate and potentially drafting a settlement agreement to help avoid litigation of the matter.
Estate litigation: In some cases, after someone has passed away, disputes arise among beneficiaries and heirs, which require the involvement of a Court. In the event that litigation related to a trust or estate administration occurs, the attorneys at Seal & Kennedy can help you through the process. Having an experienced knowledgable attorney on your side can make a substantial difference in the outcome.
Guardianships and Conservatorships
Guardian and Conservator petitions and appointments: In some cases it becomes necessary for someone to be appointed as guardian and conservator for a disabled or incapacitated person. The guardian and conservator is allowed to make decisions for, and act on behalf of, the disabled or incapacitated individual. The attorneys at Seal & Kennedy can help prepare the necessary documents to file with the Court, and appear on your behalf at the Court hearings.
Guardian and Conservator annual reports and accounting: Once appointed as Guardian or Conservator for someone, with a few exceptions, the law requires that the guardian and conservator file an annual report, and accounting, to ensure the interest of the disabled or incapacitated person is being properly being looked after. The attorneys at Seal & Kennedy can assist in gathering the necessary information, and preparing the report and accounting to be filed with the Court.
Name Changes
Name Changes: For those seeking to legally change their name, the attorneys at Seal & Kennedy can assist you in preparing the necessary paperwork to file with the Court, and attend the hearing with you, in order to get your name legally changed.
Guardian and Conservator petitions and appointments: In some cases it becomes necessary for someone to be appointed as guardian and conservator for a disabled or incapacitated person. The guardian and conservator is allowed to make decisions for, and act on behalf of, the disabled or incapacitated individual. The attorneys at Seal & Kennedy can help prepare the necessary documents to file with the Court, and appear on your behalf at the Court hearings.
Guardian and Conservator annual reports and accounting: Once appointed as Guardian or Conservator for someone, with a few exceptions, the law requires that the guardian and conservator file an annual report, and accounting, to ensure the interest of the disabled or incapacitated person is being properly being looked after. The attorneys at Seal & Kennedy can assist in gathering the necessary information, and preparing the report and accounting to be filed with the Court.
Name Changes
Name Changes: For those seeking to legally change their name, the attorneys at Seal & Kennedy can assist you in preparing the necessary paperwork to file with the Court, and attend the hearing with you, in order to get your name legally changed.
