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Not all estate administration takes place in a courtroom

Many Georgia residents will ask that a trusted individual take on double duty after they pass away. You may have been asked and accepted the responsibilities as both executor of the estate and trustee of a trust. In this case, you will be responsible for more than just a probate as you work through your estate administration duties on behalf of your loved one.

Dealing with a probate and administering a trust may both involve distributions to heirs and beneficiaries, but being a trustee does have different duties. Where it is true that in both cases you are carrying out the wishes of the person who appointed you, you also have different responsibilities. One of the biggest differences is that a probate has an end, but administering a trust could continue for some time -- even years.

You will need to ensure that any taxes owed by the trust are paid. You may need to deal with disputes among the beneficiaries. You also need to ensure that all of your actions are above board and that you do not inadvertently violate your fiduciary duties to the beneficiaries.

In many cases, this is no easy task. As a trustee, you are not required to handle all of the trust's legal and business matters on your own. You may bring in someone to help you interpret the trust's provisions and balance the provisions of the trust with the demands of the beneficiaries. Like estate administration, trust administration could require the assistance of a Georgia attorney. This same attorney can also assist you with the requirements of a probate if the circumstances require one to be filed.

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The Bowden Spratt Law Firm, P.C.
191 Peachtree Street NE, Suite 4400
Atlanta, GA 30303
Toll Free: 877-920-1051
Local: 404-523-8337
Fax: 404-523-8323
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