What is trust administration?
Trust administration is a process that begins when the creator (“settlor”) of the trust either dies or becomes unwilling or unable to serve as trustee. The successor trustee named in the trust is then responsible for notifying the beneficiaries/heirs of the successor trustee and trust administration, taking inventory of the estate, accounting for the income and expenses of the estate, and eventually distributing the assets to the beneficiaries in accordance with the terms of the trust.
How can an attorney help?
The process of administering a trust is complex and often difficult to comprehend for someone without extensive legal knowledge. We help guide the trustee through this process and advise him/her regarding his/her duties and obligations.
The trust administration process is complex and often difficult to navigate without professional legal advice.
For example, we advise trustees on how to properly notify the beneficiaries of the trust administration, how to prepare and provide accountings of trust assets to the beneficiaries and/or court, how to value and sell trust property, how to keep the beneficiaries informed of the trust’s administration, how to make distributions to the beneficiaries, and, if necessary, when to seek court intervention in instructing the trustee.
We also represent beneficiaries in actions against the trustee for breach of fiduciary duty and/or mismanagement of trust assets.