Top Estate Planning Attorney Christopher T. Casey Highlights Warning Signs Surrounding Estate & Trust Administration – Salem, MA
Salem, Massachusetts, United States – August 29, 2022 —
Salem’s Elder Law attorney Christopher T. Casey has spoken of the warning signs a trustee or personal representative should recognize when handling a person’s estate – and seek urgent professional legal advice.
For more information please visit https://www.caseylundreganlaw.com.
The Partner of Casey Lundregan Burns, P.C, revealed a personal representative could be inviting litigation on themselves if they refuse attempts by beneficiaries to see a will.
Mr Casey revealed: “A will is not a secret to be held by the personal representative. Unless documents state otherwise, beneficiaries requesting a copy of the will should receive the entirety of the document.”
Failing to handle tax debts or liabilities is another area where personal representatives and trustees can fail. “Some tax issues will arise, such as having to file the person’s last income tax return,” he said.
“Debts that are negotiated less than the original amount owed could also trigger a tax inquiry.” Additionally, significant gifting before death can generate extra scrutiny.
Mr Casey also flagged managers’ desire to pay beneficiaries before settling debts. “Debts need to be paid first and then beneficiaries. Failing that, litigation could be taken against the fiduciary if insufficient money is left to meet those taxes and debts.”
To avoid wrongdoing, a personal representative or trustee should be adept at meeting debts, and deadlines, communicating key events and being transparent in the accounting of the estate.
He concluded: “A fiduciary should seek professional advice from a specialist attorney if they believe they are failing in their duties, simply guessing their way through the process, or don’t clearly understand their responsibilities.”
Name: Christopher T. Casey
Email: Send Email
Organization: Casey Lundregan Burns, P.C
Address: 71 Washington Street, Salem, MA 01970
Release ID: 89080293
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