Being an executor, trustee or guardian places tremendous responsibility on the individual or company serving as the fiduciary. Many times an individual is serving as an executor, trustee or guardian for the first time and may be unaware of the full extent of the responsibilities associated with the position. Other times, even the most experienced fiduciary comes across a situation in which he/she/it may not know the proper way to respond. At BMK, we advise fiduciaries on the most effective strategies and techniques in administering estates, trusts, guardianships, and other fiduciary relationships.

With respect to estate administration, we guide executors through the process of probate, appear in court as needed, offer transfer of assets and resolution of claims assistance,and implement the estate plan of the decedent. We also can prepare the required estate and inheritance tax returns (both state and federal) and can partner with accountants for the estate to ensure matters related to income tax are handled in a manner advantageous to the beneficiaries.

In terms of trust administration, we advise trustees in all aspects of the administration process, including issues involving income, estate, gift, and generation-skipping tax, interpreting trust provisions, management or sale of trust assets, and advising trustees on maintaining good relationships with beneficiaries. Should a conflict ever arise regarding the fiduciary's management of trust assets, our attorneys strive to structure a solution that validates our client's actions and resolves the conflict short of trial. If litigation is unavoidable, our experienced trial attorneys will aggressively and effectively defend our client's conduct.

Our services include:

• Assisting with the administration of a probate estate;
• Interpreting trust documents;
• Resolving questions of fiduciary duty;
• Maintaining good relationships and avoiding conflicts with beneficiaries or between beneficiaries;
• Managing or negotiating the sale of real property; and
• Litigating conflict issues.