Are You a Successor Trustee/Executor?

  • Are You a Successor Trustee/Executor?

    A Successor Trustee administers a trust when the original Trustees are no longer able. This could be because of incapacity or death. If your loved one has a will, then the court appoints you as Executor, as part of the probate process. Both positions require expert legal help to guide your family through the maze of Federal, State and tax law.

  • Our Firm

    MacLaren & Whearty, LLP, is a full service law firm whose sole focus is estate planning and tax. We represent families in estate planning and then provide legal and tax assistance in administering estates and trusts. Our firm’s philosophy is that any qualified individual can administer an estate, simple or complex, with the right help. We can guide your Executor or Trustee through the administrative process, making sure your family’s wishes are followed. Even if we did not draft the estate plan, or it was drafted out of state, we can still provide the legal and tax guidance an Executor or Trustee needs.

  • Legal Guidance

    As a Trustee or Executor, you will need legal counsel to help explain your duties under Federal and State law, or with regard to estate, inheritance or fiduciary/personal tax filings. You will need to make decisions, and in either capacity, whether the estate is large or small, you are expected to retain legal counsel to guide you. That is where we come in. We provide you a step-by-step roadmap on what you need to successfully accomplish your task. Our firm provides you with direction, answering your questions along the way. When unforeseen events or circumstances occur, our expert staff and attorneys are ready to furnish the prompt assistance you need.

  • Changes in the Law

    Laws change all the time. Federal and State trust and tax laws are constantly changing and evolving. A ten year old legal document can be an antique, reflecting good law when it was drafted and bad law now. Recent changes in the law, such as Oregon’s new Uniform Trust Code, can supersede or invalidate language in a will or trust. Because of this, a Trustee or Executor cannot simply “follow the language” as it appears in the document.

  • Judgment

    be called upon to help them if they are incapacitated . Your judgment is crucial. We can guide you in your legal duties to comply with the law, but there will be decisions during the process which will need to be made by the Trustee or Executor using their own judgment as what is best for the family.

  • Personal Liability

    A Trustee or Executor has a duty to seek legal guidance. Failure to do so can subject them to personal liability. Not only are the assets of the estate subject to a lawsuit or claim, but your own as well. Too often we have seen decisions made early in a case without legal guidance, many times on the advice of non-lawyers, which have been disastrous. Free advice is worth what you are paying for it, truly penny wise and pound foolish.

  • How to Get Started

    If we drafted the estate plan, then we have a copy in our files. Call us if an issue arises, or death or disability, and we are prepared to help you immediately. We will guide you throughout the process. If we did not draft the estate plan, let us review it to see if changes are necessary, and then we can have it in our files ready for use. It is that simple.

  • Emergency!

    If you just found out you, a friend or family member are an Executor or Trustee, bring the documents to us immediately. Don’t do anything else. You can use any attorney you want, regardless of who drafted the estate plan. Since our sole focus is estate planning, consider using our expertise in the case.

  • At Your Service

    Conveniently located, with offices on both sides of town. Reserved client parking, offices located on the first floor with ramps and front door drop-offs, we make coming to see us a breeze. Because our law firm is paid out of the estate, many times we can wait to receive our fees until the estate is settled. We work on an hourly basis, so you only pay for the help you need, not a percentage.