Trusted guidance to protect your loved ones
Probate law protects the property and rights of persons who are unable to take care of their affairs by themselves. It concerns decedents’ estates and trusts, minor children, and individuals who are disabled. A fiduciary is a person appointed to take responsibility for another’s property and to execute the instructions of a Will, trust, statutory law, or court order, as the case may be. Fiduciaries include Executors of decedent’s Wills, Administrators of intestate estates, Trustees, Conservators of a person, Guardians ad litem, and Attorneys for a minor child.
Attorney Swiggart has had the privilege to serve in a variety of fiduciary capacities, whether by appointment in a Will or trust, or through a Probate Court. She also acts as attorney for estates and fiduciaries.
Attorney Swiggart frequently serves as an Executrix of a decedent’s estate. Well-versed in the law and procedure, she collects the assets, liquidates assets as necessary or directed, pays the estate’s obligations, settles and distributes the estate, and files the requisite probate documents and tax returns. She has had experience with non-U.S. citizen estates. Settling an estate can demand careful attention to details, especially in connection with the preparation and filing of estate tax returns. There are instances where it is extremely helpful to have a non-family Executor with respect to emotional issues that sometimes arise with the estate of a loved one. Attorney Swiggart will work as a team with the family’s accountants, bankers and investors. She has knowledge of art and antiques, which has been useful in the identification of assets, as well as finding appropriate appraisal and liquidation services.
Attorney Swiggart serves as the Independent Trustee of several trusts. Sometimes an independent trustee is necessary for certain types of trusts where a spouse or a beneficiary cannot be a trustee or the sole trustee. In certain circumstances, it is important to have a neutral, non-family fiduciary make decisions and work with beneficiaries who might have differing views.
As Trustee, she accounts for the income received by the trust, pays the distributions and obligations of the trust, monitors and protects the assets of the trust, attends to any required probate proceedings, and makes sure that accountings and income taxes are properly filed.