Estate Planning Lawyer in Brookline MA

Estate planning means making a plan for what happens to one’s assets after their death: naming beneficiaries of the assets, designating legal guardians. It also includes making sure that the plan is clear and easy to carry out after one has passed away.

What is the difference between a trust administrator and a trustee? An administrator is the person appointed by the probate court to oversee an estate of a deceased person if they have left no will. A trustee is the person in charge of a trust. For more detailed explanation, Consulting with an estate planning lawyer in Brookline MA is a good resource.

What Is The Difference Between A Trustee, Administrator and Executor?

Trustee, administrator and executor all have very different roles.

A trustee is in charge of a trust.  An administrator is appointed by the judge in probate court to oversee an estate if there is no will.  An executor is appointed by the probate court to oversee an estate when the will has been admitted to probate.

Probating and administering a trust are two different processes.  Probate is the process to administer an estate when there is no a trust. It is a formal proceeding supervised by court to administer the estate.

Trust administration typically takes place after the person who created the trust have passed away. The property must be transferred to beneficiaries according to the terms of the trust. Court doesn’t have to oversee the trust proceedings unless specifically requested to.

A non-probate transfer is a transfer that happens when assets pass without a probate or trust administration. This can occur if assets are designed to bypass the trust or probate process. For example, if a joint tenant passes away, there will be a non-probate transfer. The surviving joint tenant will receive the decedent's interest in the property. Other examples of non-probate transfers are transfer of specific types of accounts to a designated beneficiary, such as life insurance policy or a payable on death accounts.

A trust administration, probate and non-probate transfers are all methods of transferring assets of the deceased to their beneficiaries and heirs.

Consult a Lawyer:

My practice is focused on helping individuals with the probate of estates and related litigation (such as will contests), estate and trust planning, and conservatorship and guardianship matters.

As a dedicated estate planning lawyer in Brookline Massachusetts, I provide personal attention to all clients – when you retain me, you’ll be working with me directly on all aspects of your matter. I maintain a caseload that allows full attention to all clients, and to answer your questions at your convenience. Contact Us Today for a Free Consultation. 781-380-8183.