What You Need to Know about Position of Trust
In legal terms, position of trust refers to a person occupying a position of authority, such as a teacher or supervisor, either over an individual or within an organization. Other examples include: lawyers, doctors, financial advisors, government officials, or anyone responsible for the health and safety of others. This is especially relevant if the person in a position of trust has been certified by a government institution to protect the best interests of someone else.
At the personal level, position of trust becomes important when dealing with child custody disputes or power of attorney with regard to the execution of wills. This is where position of trust comes in when dealing with probate law. But before getting into position of trust, it’s a good idea to take a closer look at probate.
What is Probate?
Probate is a legal document a person receives as part of administering the estate of a deceased person. Receiving this document is the first step in the legal process of distributing property and resolving claims. Receipt of probate makes the will a legal instrument that can be enforced by the estate’s executor. A probate also officially appoints the executor, the legal representative of the testator (the person who wrote the will). A probate lawyer will help to ensure that this process goes smoothly and in full accordance with the will of the deceased person.
An estate planning lawyer can deal with the process of determining that the will is valid and handle the technical aspects of probate administration. Some of the many issues a probate lawyer can deal with include: sale of real estate or other property to mitigate debts, legally informing creditors, filing claims against the estate within set time constraints, transfer of insurance or other assets to beneficiaries, handling any estate taxes which may be applicable, giving advice about pending lawsuits in which the deceased person might be involved, and administering property distribution efficiently while protecting the rights of beneficiaries.
Position of Trust in Probate Law
In administering probate law, position of trust becomes important in cases of living wills, or advance directives. For example, if a person grants someone else the ability to make medical decisions on their behalf should they become incapacitated, the agent is placed in a position of trust by the living will. This is a specific type of power of attorney that is granted to the person’s chosen health care proxy. Often people wishing to create a living will are encouraged to file both of these documents to ensure their guidance regarding healthcare is as comprehensive as possible. A probate lawyer or living will lawyer can help to ensure that a person’s wishes are carried out effectively.
If you have questions about position of trust, estate planning, probate law, or advance directives, contact a probate lawyer, and give yourself and your relatives the gift of peace of mind.