Probate & Estate

Compassionate Guidance Through Estate Administration and Probate

Losing a loved one is one of life’s most difficult experiences. During a time of grief, when you should be surrounded by family and focused on healing, the legal and financial responsibilities of settling an estate can feel overwhelming. Suddenly, you may find yourself navigating a complex court system, dealing with creditors, and managing assets, all while trying to process your loss. At the law office of Kenneth D. Bilodeau, we understand the emotional weight you are carrying. Our goal regarding Probate and Estate Administration is to lift the legal burden from your shoulders. We handle the paperwork, the court appearances, and the technical details so that you can focus on honoring the memory of your loved one and supporting your family.

Many people have heard the word “probate” but are unsure of what it actually entails. Simply put, probate is the court-supervised process of validating a deceased person’s will, identifying their assets, paying off their debts, and distributing the remaining property to the rightful heirs. If your loved one passed away without a will, the process is similar, but the state laws of intestacy determine who inherits the assets. Contrary to popular belief, having a will does not automatically mean you avoid probate; it simply provides instructions to the court on how you want the process to go. We are here to demystify this process for you. We explain each step in plain language, ensuring you understand what is happening and how long it might take. We know that the uncertainty of the timeline is often a source of stress, and we strive to move the process forward as efficiently as possible.

The individual responsible for managing this process is usually called the Executor (if named in a will) or the Personal Representative or Administrator (if appointed by the court). If you have been nominated for this role, it is an honor, but it is also a job with significant fiduciary responsibilities and potential liabilities. You are legally obligated to act in the best interest of the estate and its beneficiaries. Mistakes, such as failing to identify a creditor or distributing assets too early, can sometimes result in personal financial liability for the Executor. This is why having an experienced attorney by your side is so critical. We act as your coach and advisor, ensuring that you fulfill your duties correctly and protecting you from inadvertent errors. We help you prepare the initial petition to open the estate, obtain the necessary “Letters Testamentary” that give you the legal authority to act, and guide you through the initial steps of securing the property.

A major part of the probate process involves inventorying and valuing assets. You need to determine exactly what the deceased person owned—from bank accounts and real estate to stocks and personal belongings—and what those items are worth as of the date of death. This can be a detective job, especially if the deceased did not keep organized records. We assist you in locating assets, coordinating with appraisers for real estate or valuable collections, and preparing the formal Inventory required by the court. We also help you navigate the often-confusing world of taxes. While most estates do not owe federal estate tax, there may be state estate taxes or final income tax returns that need to be filed. We work with your tax professionals to ensure all tax obligations are met before any inheritance is distributed, preventing future trouble with tax authorities.

Creditors are another hurdle in the probate process. By law, creditors must be notified of the death and given a specific window of time to make claims against the estate. It is the Executor’s job to review these claims and determine if they are valid. We help you distinguish between legitimate debts that must be paid and invalid claims that should be rejected. We ensure that estate funds are used properly to settle these obligations in the priority order set by law. Once debts and taxes are paid, we guide you through the final distribution of assets to the beneficiaries. This is the moment everyone waits for, but it must be done correctly. We prepare the final accounting for the court, showing every dollar that came in and went out, and obtain the necessary releases from beneficiaries to close the estate officially.

In addition to traditional probate, we also handle Trust Administration. If your loved one had a Living Trust, the process is generally private and does not require court supervision, but there is still work to be done. The Successor Trustee has duties similar to an Executor: they must notify beneficiaries, pay debts, and distribute assets according to the terms of the trust. We advise Trustees on their legal duties, helping them manage trust assets and adhere to the specific rules written in the trust document. Because trust administration lacks the oversight of a judge, having legal counsel is vital to ensure transparency and prevent accusations of mismanagement from beneficiaries.

Unfortunately, the death of a family member can sometimes bring out the worst in people. Old rivalries resurface, and grief can manifest as anger. Disputes may arise regarding the validity of the will, the mental capacity of the deceased when they signed it, or the way the Executor is handling the money. We are experienced in handling these delicate family dynamics. Our approach is always to seek an amicable resolution first, using mediation and negotiation to preserve family relationships. However, if a will contest or litigation becomes necessary to protect the true intentions of the deceased or the rights of a beneficiary, we are prepared to advocate vigorously in court.

At Kenneth D. Bilodeau ATTY, we treat every estate with the respect it deserves. We know that behind every file is a person who lived a full life and a family that is mourning their loss. We offer a steady hand and a compassionate ear, guiding you through the legal maze of probate and estate administration with dignity and professionalism. You do not have to walk this path alone; we are here to help you close this chapter so you can move forward.