Trust Administration

Administering a trust after death can be a complicated and time-consuming process. If you have been named as the successor trustee over your loved one’s estate, there are a number of responsibilities you will need to handle in the days ahead.

Roles and Responsibilities: What To Do Next As Trustee

As trustee, it’s your job to read the trust, follow the instructions and make sure the trust is properly managed and the estate is closed out according to state and federal law.

Many times these responsibilities are not clear or may be difficult to carry out, which is why most trustees benefit from working with an attorney following the death of a loved one. Keep in mind that the job of trustee is a very serious one, sometimes carrying legal consequences for administration errors or mismanagement of the estate. Working with an attorney helps to protect the trustee, and ensures all legal and financial obligations are handled in the right way.

The Chubb Law Firm: Your Partner In Trust Administration

Here at The Chubb Law Firm, we assist in the process of trust administration to ensure your family has all of the information, guidance and resources necessary to properly oversee your loved one’s estate. We will work closely with your family to:

  • Identify and collect assets and determine the value of each;
  • Ensure all debts, expenses and taxes are paid;
  • Coordinate and work with your tax professional to identify and submit all necessary accounting documents and tax returns;
  • Decide the best approach for the distribution of jointly held assets, life insurance and retirement benefits that pass outside a will or trust; and
  • Notify all heirs and the beneficiaries of the trust.

We will also provide you with a comprehensive trust administration memorandum to fully prepare you for your duties and what is expected of you.

My loved one had a trust. Will this keep us out of the probate court?

Fortunately, estate settlement involving a revocable living trust is generally easier than going through the probate process--in part, because it’s faster. Also, the successor trustee can access accounts immediately, which is certainly more convenient than waiting for authorization from the probate court.

But again, complications can arise at settlement if the trust is not “fully funded.” This means all of the assets have not been transferred to the trust in question. This is a common oversight that can occur when you fail to keep your trust updated as you acquire assets through the years. When a trust is not fully funded probate court may be necessary. Again, we work closely with the family if this happens to ensure they receive what’s rightfully theirs in a fast and smooth manner.

Getting Help

Our estate planning lawyers take great pride in our ability to bring families together in a time when even the closest families fall apart. Our commitment is to you, our client, and we do everything in our power to ensure your family experiences security, ease and support following the death of a loved one.

If you now need help administering your loved one’s trust, please call our Fair Oaks trusts and estates law firm at 916-241-9661 for immediate assistance. We look forward to meeting with you and helping your family with their trust administration needs.

Helpful Resources:

Steps to Take Immediate After Loss:

How to obtain a death certificate in Sacramento County

How to notify Social Security of your loved one’s passing

Secure all property after the loss of a loved one

How to find out if employer death benefits are available

How to find my loved one’s insurance benefits and retirement accounts

 

 

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Our goal is to provide all of our clients with peace of mind.  This peace of mind should come from knowing that they and their loved ones are well protected, and knowing that a well crafted estate plan is more than just a collection of papers.  It touches many areas of a person’s life and provides guidance and a roadmap for anticipating contingencies and handling many life transitions.  We want to provide you with the best advice possible, and realize that is not possible by being all things to all people.

 

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