Following the death of a family member or loved one, we routinely provide assistance for trust administration. Trust administration is the process that takes place between the time of a person’s death and when his or her trust assets are to be distributed to his or her beneficiaries. We work closely with Trustees (individual and institutional) to ensure that the terms of the trust are properly carried out while making the process as understandable and stress-free as possible. We also represent Beneficiaries to make sure their rights and inheritances are protected. A trustee has a fiduciary duty (meaning he or she must exercise the highest standard of care) to carry out all of his or her responsibilities enumerated in the trust itself, in addition to all of the fiduciary duties that must be fulfilled under California law. Some of these duties include providing notice to beneficiaries, gathering the decedent’s assets, obtaining appraisals, notifying potential creditors, filing tax returns, providing trust accountings, distributing assets to beneficiaries, along with other responsibilities. Proper legal guidance is imperative as failure to properly administer a trust can result in unnecessary taxes, very large attorney fees, and lawsuits by beneficiaries. Further, improper administration of a trust can expose a trustee to personal liability and financial hardship.
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