Trust

Following the death of a loved one, estate administration can be complex and emotionally challenging. Administering an estate requires more than technical legal knowledge—it requires judgment, discretion, and experienced counsel.

We assist trustees with every stage trust administration, including:

• Trust Administration requirements under the Cal. Probate Code
• Asset Distribution
• Fiduciary Guidance
• Payment of Final Expenses and DebtsReal Property Sales, in conjunction with a realtor of your choosing
• Probate Court Proceedings, if necessary, including Heggstad Petitions
• Beneficiary Communications

Our role is to provide steady guidance during periods of significant transition while preserving the intentions of those who entrusted us with their legacy.

The incapacity of a loved one often creates uncertainty for families. Certainly, one of the primary goals in creating your estate plan is to eliminate this uncertainty and potentially overwhelming questions about financial management, legal authority, and fiduciary obligations they now face.

In such times, your named trustee(s) will need to step into their fiduciary role and manage trust assets for your benefit. Once the successor trustee assumes responsibility, they are obligated to manage trust assets solely for the benefit of you, the incapacitated settlor.

This may include:

• Paying medical and long-term care expenses
• Managing investment portfolios
• Collecting income
• Paying taxes and insurance
• Maintaining or selling real property when appropriate
• Protecting valuable personal property
• Coordinating with agents acting under a Durable Power of Attorney
• Preparing accountings and maintaining financial records

Throughout the administration, the trustee must exercise sound judgment, act prudently, avoid conflicts of interest, and comply with the fiduciary duties imposed by law.

Our firm provides practical guidance to successor trustees throughout every stage of trust administration during incapacity. We work closely with families, financial institutions, healthcare professionals, and advisors to ensure the trust is administered properly while protecting the interests of the settlor and preserving family harmony.

If you have been named as a successor trustee or need assistance administering a trust due to a settlor's incapacity, contact our office to schedule a consultation. We are here to provide experienced legal guidance every step of the way.

After the passing of a trust’s settlors, there is much to do. The task can be daunting, which is where our expertise and guidance can provide a great sense of relief for trustees.

There may also be necessary administration to complete once one settlor passes, if this was a marital or family trust. Without competent counsel, necessary steps may be missed which will require much more work for the successor trustees in the future, some of which may even lead to financial consequence(s).

Successor trustees must send out requisite notifications, complete asset inventories and valuations, pay debts and expenses of the decedent(s), obtain necessary information from tax authorities and file tax returns for the individual and possibly the trust itself, generate accountings and make distributions. Some administrations require additional work with probate courts, or more time-consuming communications with beneficiaries, or have more complex assets that make the administration more complicated. While this list is not exhaustive, counsel is necessary to assist you in the administration throughout the entire process to ensure that you are following your fiduciary duties.

Contact us for a consultation to discuss your administration needs.