Trust Administration
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Carrying Out the Wishes of Trustors
Trust administration is the process of carrying out the wishes of the Trustors as expressed in the terms of the trust, typically upon the Trustors’ death.
Depending on the type of trust that is originally created, as well as the size and composition of a particular estate, the number of tasks that a Trustee must perform to comply both with the terms of the trust and statutory requirements can vary significantly. While the creation of a living trust streamlines estate administration, it does not eliminate it entirely. The amount of work involved in trust administration is often daunting, and the process can be confusing, especially for Trustees who are not professional fiduciaries.
Some trusts require the division and re-titling of assets, while others involve establishing additional trusts to be administered for the beneficiaries’ lifetimes. Some simply require the transfer of assets to multiple beneficiaries. In addition, certain tasks that Trustees are required to perform are dictated by the Probate Code, such as providing notice of the decedent’s death to beneficiaries and certain government entities.
To make matters more challenging, trust administration naturally occurs following the death of a loved one, an emotional and difficult time for the family members, who are often also named as Trustees.
Whatever the circumstances may be, we work closely with Trustees to guide them step-by-step through the process of complying with the terms of the trust and applicable statutory requirements. Each trust that we create includes a complimentary consultation with the successor Trustee regarding trust administration. We strive to provide Trustees with as much guidance as possible to make their responsibilities more manageable and allow them to focus on their families and personal lives.
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