Probate and Trust Administration  

Probate and Trust Administration Lawyers

Making sure you have all of the correct documentation signed and in place is just one part of ensuring your wishes are followed when you pass away. Equally important is the process of managing the administration and distribution of assets after a person passes away.

Our founding attorneys are both estate planning attorneys, well versed in estate law and backed by decades of experience. You can trust that your case is in good hands when you come to Carlson & Burnett.

What is Probate and Why is it Important?

Except in cases where the testator’s assets have been transferred to a trust prior to death and trust matters are handled by the designated Trustee, managing a testator’s estate usually starts with “probate.” Probate is the legal process through which a Will’s validity is determined and distribution of assets specified in the Will is carried out. The first step in this administration process is the appointment, as specified in the Will, of a “Personal Representative” or “Executor” of the estate. This individual is in charge of all administration matters for the estate, including distribution of assets.

Probate also includes dealing with issues such as paying the deceased person’s debts and settling outstanding tax liabilities. It is important to recognize there are two types of taxes to address in the estate administration context. First is the federal “estate tax,” which only affects very large estates under current tax laws. The federal estate tax is seldom a concern since it applies only to estates valued over $11,400,000 (double that amount for a married couple).

Second is the state “inheritance tax,” which typically applies even to relatively small inheritances. The state inheritance tax rate is dependent on the degree of kinship between a deceased person and beneficiaries. For instance, children of the deceased pay a much lower tax rate and get a larger exemption than do cousins or nonrelatives. Nebraska and Iowa are two of only six states that impose an inheritance tax. While Nebraska’s 18% inheritance tax for nonrelatives is the highest in the nation, some portions of inheritance received by family members are exempt from this tax.

Call (402) 810-8611 or contact us online to schedule a consultation with an experienced probate and trust lawyer in Omaha

Families We've Helped

  • “I highly recommend Alexis for anyone and everyone needing a lawyer!”

    - Former Client
  • “Alexis Mullaney met with me and guided me through the laws involved and helped me put the right documents together for the hiring process. She continues to help me with questions as I have them.”

    - Former Client
  • “They have a great legal team with the knowledge and experience in many different specialties of law.”

    - Former Client

What Makes Us Different?

  • Trustworthy

    Backed by decades of experience, we can be trusted to represent your case. Our comprehensive services cover everything you need to successfully settle your legal matter.

  • Respectful

    At Carlson & Burnett, you’re family. We know this is a difficult time for you and you’re family, and we’re here to help you get through it as smoothly as possible.

  • Approachable

    We are united in our mission to help people overcome legal challenges, and we do so with a level of integrity and respect that can’t be found at just any law firm.

  • Compassionate

    Our compassion for people extends to our personal clients as well as the local community. In addition to our legal work, we serve on civic boards and charitable foundations.

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