Trust Administration

Dedicated Representation for Successor Trustees in California

Navigating the responsibilities of a Successor Trustee can be overwhelming, especially while grieving the loss of a loved one. While a living trust is designed to avoid the public and often lengthy probate court process, the administration phase still requires strict adherence to the California Probate Code.

At Asset Protection & Elder Law Center, we solely represent Trustees in the private administration of trust assets. Our Costa Mesa legal team provides the technical guidance and procedural oversight necessary to protect you from personal liability while ensuring the decedent’s legacy is honored.

The Advantages of Private Trust Administration

Unlike probate, trust administration typically occurs behind closed doors, offering families privacy and faster transitions. However, “out of court” does not mean “without rules.” As a Trustee, you are held to the highest legal standard—a fiduciary duty. Our role is to guide you through these private requirements:

• Avoiding Court Oversight: We help you manage assets, pay debts, and distribute property without the delays and costs of a court-supervised probate.
• Privacy Preservation: We ensure that the trust’s terms and asset values remain a private family matter.
• Efficiency: By following a structured timeline, we help you complete the administration process as swiftly as the law allows.

Key Responsibilities of a Successor Trustee

When you assume the role of Trustee, you take on several mandatory legal tasks. We provide comprehensive support for each:

• Mandatory Notifications: Under Probate Code §16061.7, you must serve specific notices to all heirs and beneficiaries within 60 days of the trust becoming irrevocable.
• Asset Marshaling & Appraisal: Identifying, securing, and valuing all trust assets, including real estate, brokerage accounts, and personal property.
• Debt & Tax Management: Coordinating with tax professionals to file the decedent’s final returns and the trust’s fiduciary tax returns, while ensuring all valid creditor claims are satisfied.
• Accountings & Reports: Providing beneficiaries with a detailed accounting of the trust’s financial activity to ensure transparency and prevent disputes.
• Final Distribution: Executing the final transfer of assets to beneficiaries according to the specific instructions of the trust document.

Protecting the Trustee From Liability

One of the greatest risks a Trustee faces is litigation from disgruntled beneficiaries. Allegations of “breach of fiduciary duty”—even if unintentional—can lead to personal financial surcharges or removal by the court.

We act as your shield by:

1. Ensuring all deadlines are met to prevent “lack of diligence” claims.
2. Reviewing and drafting precise communications to beneficiaries.
3. Documenting all actions to prove you have acted with honesty and prudence.
4. Advising on Trustee Compensation to ensure your fees are reasonable and compliant with California law.

Why Focused Representation Matters for Trustees

Acting as a Successor Trustee in California carries significant legal responsibility. Even though a living trust is designed to avoid court oversight, the administration phase is governed by strict requirements under the California Probate Code. Without proper guidance, a Trustee can face personal liability for even unintentional errors.

We protect our clients by providing a clear roadmap for:

• Avoiding Probate Court: We specialize in the private procedures that allow for the management and distribution of assets without the delays, costs, and public nature of a court-supervised probate.
• Fiduciary Protection: We advise you on how to act with the honesty, loyalty, and prudence required by law to shield you from potential litigation by beneficiaries.
• Procedural Accuracy: From mandatory legal notices to the final distribution of property, we ensure every step is documented and legally sound.

Key Steps in Private Trust Administration

Our Costa Mesa legal team manages the technical requirements of your role so you can focus on your family. Our services include:

• Required Notifications: We handle the preparation and service of mandatory legal notices, such as those required under Probate Code §16061.7, which must be sent to heirs and beneficiaries within 60 days of the trust becoming irrevocable.
• Asset Marshaling & Valuation: We assist in identifying, securing, and valuing all trust assets—including real estate, financial accounts, and personal property—to establish an accurate “date of death” value.
• Debt & Tax Oversight: We help coordinate the payment of valid debts and work with tax professionals to ensure all final personal and fiduciary tax returns are filed correctly.
• Trustee Accountings: We prepare the detailed financial accountings that Trustees are required to provide to beneficiaries, ensuring transparency and preventing future disputes.
• Final Distributions: When the administration is complete, we oversee the legal transfer of assets to the named beneficiaries according to the decedent’s specific wishes.

Your Shield Against Liability

Disputes can arise even in the most harmonious families. As your counsel, we act as a buffer between you and the beneficiaries. We ensure that your actions are beyond reproach by maintaining meticulous records and meeting all statutory deadlines, thereby minimizing the risk of claims for “breach of fiduciary duty”.

Contact Us

You do not have to carry the burden of trust administration alone. Our mission is to simplify the complex, allowing you to focus on your family while we handle the legal heavy lifting.

If you have been named a Successor Trustee and want to ensure the estate is settled professionally and privately, we are here to help. Our firm is committed to simplifying the complex and protecting your interests every step of the way.

Contact the Asset Protection & Elder Law Center at (714) 966-2646 to schedule a consultation regarding your duties as a Trustee.