Trust Administration & Litigation
If an estate plan contains one or more trusts, a probate proceeding through the court system may not be necessary if the trust is properly funded prior to the death of the Settlor or Grantor. However, the estate plan must be put into effect, and that requires knowledge and experience with trust and estate administration. At Kirby Law, LLC, we are available to provide assistance with funding the trust and titling assets into the trust as well as the administration services so that your trust is executed in the manner you intended. We also assist with obtaining a tax identification number for your trust and filing all of the proper tax returns annually to maintain the advantageous tax positions afforded to the Settlor and the beneficiaries of the trust.
Angela Kirby has worked in the field of estate planning and trust administration for over 25 years. She spent over five years as an Associate Probate Judge. In that capacity, she witnessed the stress and adversity of people attempting to deal with the financial and emotional aspects after the death of a loved one. She understands the benefits of a properly executed and fully funded trust as well as the tax returns that must be filed to continue the favorable treatment. There are many "non-tax" reasons for creating a trust, ie. privacy, second marriages with children from a prior marriage, disabled beneficiary, same sex partnership, management of assets, protection of assets. These are just a few of the non-tax motivations for creating a trust. Ms. Kirby is a CPA and has been a Certified Specialist in Estate Planning and Probate Law since 2005, and uses those skills on behalf of her clients.
For those of our clients who have been designated as a trustee of a trust, we work with them to avoid common mistakes made during the trust administration. Because of the obligation and importance of the trustee's work, Ms. Kirby is qualified to assist anyone serving as a Trustee who wants guidance and supervision in executing their duties as the Trustee. In addition, we are qualified to assist beneficiaries of a trust understand and protect their present and future rights under a trust agreement.
Ms. Kirby also serves as a Trustee or Co-Trustee in cases where the individual would like a professional to serve as Trustee, as opposed to having a relative or child handle the oversight of the trust. In our trust administration work, we oversee the trust on behalf of our clients and their beneficiaries. As a Trustee, we ensure that the trust plan is administered correctly. We adhere to all tax regulations and work diligently to ensure the best possible outcome for our clients and the beneficiaries of the trust.
We are also involved in trust litigation in the probate courts statewide. We represent trustees and beneficiaries and creditors. Ms. Kirby's experience as a former Associate Probate Judge has exposed her to many trust litigation cases over the years.
If you are in need of an estate and trust attorney who is experienced and knowledgeable in trust matters, please contact us. With locations statewide, we are available to work with our clients wherever they need us. With technology, we are able to serve out of state clients as well who are beneficiaries of a trust or who may be involved in trust litigation for a trust administered in South Carolina.