There are two basic types of Trust Administration situations-
1. You are named as the Trustee in a trust; or,
2. You are a beneficiary and the Trustee is not doing what you believe they are required to do.
1. You are the Trustee–
First Example The last of the original trustees has passed away and you are the named Successor Trustee. We can represent you and take you through the process. It requires immediate action required by the California Probate Code to notify all interested parties, deal with creditors, account for assets, and prepare for distribution as required by the specific language of the trust. The clock is ticking on these issues. If your delay causes any loss to a beneficiary, you can be personally responsible for those losses. The cost of a trustee’s attorney is almost always covered by the trust.
Second Example: Is you are an Original Trustee of an “A/B” trust and the first settlor passed away. You need to go through the allocation funding process, beneficiary notification and IRS requirements. We can direct you through that process. Contact us for a free consultation.
Third Example: Something has gone wrong. A mistake was made or you have been wrongly accused of making a mistake. You need representation. Call or email us to schedule a free consultation.
2. You are a Beneficiary of a Trust:
You believe that the trust directed the trustee to distribute assets and that hasn’t happened, or maybe the trustee is ignoring your requests and demands for explanations or information or a copy of the trust. Months have gone by and nothing has happened–only excuses and stalling (yes, we’ve seen it many times). You need an experienced probate attorney to represent you. We will demand an accounting and distribution or seek removal of the trustee, whatever is appropriate and in your best interests. Money penalties or reimbursement of your attorney fees may be ordered by the court in some circumstances. This all requires a complicated petition be filed in court. Call or email us for a free consultation.
“We always try to keep our clients from having to go to court…”