Fiduciaries
Thirty Years Providing Fiduciary Representation
The lawyers at Brothers Henderson Durkin, P.S., represent various professional and private fiduciaries in the Seattle area and across Washington state, including trustees, guardians, attorneys-in-fact and personal representatives, in the administration of their duties. We provide a one-stop, full-service law firm for every aspect of your legal needs as a fiduciary, especially as they intersect with disability and elder law.
Reports and accountings: We represent fiduciaries in the preparation of reports and accountings to be provided to beneficiaries, other parties and/or a court. This representation frequently involves compliance with the duty to keep informed, statutory reporting requirements and rules requiring court supervision. Our extensive experience presenting reports and accountings to courts throughout Washington state allows us to anticipate and proactively address issues which may arise in court review of the reports and accountings.
The Trust and Estate Dispute Resolution Act: We help fiduciaries address issues that arise in the administration of trusts, powers of attorney or probates using the Trust and Estate Dispute Resolution Act (TEDRA). TEDRA can be used to resolve issues that were not anticipated or addressed properly under the governing document through private agreements or court proceedings.
Court proceedings: Fiduciaries, such as trustees, guardians, attorneys-in-fact and personal representatives, occasionally face issues that require court proceedings for resolution. Our attorneys have broad experience in court proceedings such as obtaining court approval of a fiduciary’s action, addressing allegations of misconduct or breach of trust, or facilitating early termination or modification of fiduciary relationships. These proceedings may be uncontested or contested depending on the nature of the action.
Modification of existing trusts: Fiduciaries may find that an existing trust agreement or other document does not adequately address issues arising in the administration of their duties. We assist fiduciaries in modifying existing trusts to resolve these issues. We are called upon to modify trusts in numerous contexts. We frequently revise trusts to comply with federal and state laws allowing beneficiaries to qualify for means-tested public benefits such as Supplemental Security Income (SSI) and Medicaid.
How We Assist Fiduciaries
We provide general advice and guidance to fiduciaries on their duties as well as advice on specific issues which may arise, including:
While our attorneys have extensive experience in representing all types of fiduciaries, we have a particular emphasis on the administration of special needs trusts and court-supervised trusts and in assisting fiduciaries to address the specific issues related individuals with special needs.
Are You A Fiduciary? Contact Us For A Consultation.
Schedule an initial consultation to discuss your options. Please complete our
Contact / Consultation Request Form or call us at
206-536-2446. Our attorneys are ready to assist you.
