No Short Cuts for Riverside Trustees, Says San Diego Probate Lawyer

If you’ve never been appointed the trustee of a California estate, you might believe the trust administration process is easy or even unnecessary. A distribution trust, or a trust that transfers assets to beneficiaries upon the death of the person who made the trust, seems straightforward. Many people mistakenly believe that a trustee’s duties begin and end at simply distributing assets according to an organized, easy-to-follow document in clear language.

Trusts are not self-executing, though you can certainly make quick work of paying one out. While there may be extremely compelling reasons give beneficiaries the property they feel they are entitled to without making them wait, sloppy administration could make costly problems for all of you up the road.

As a trustee, your first duty is to act in the best interests of the beneficiaries.

You want to be sure the beneficiaries receive what they are entitled to without creating unnecessary conflict or legal obstacles for them. The good news? Done correctly, putting the interests of the beneficiaries first will also free you from future liability. The bad news? A carefully done trust administration is going to take a while.

A successful trust administration will take at least seven months if there is no estate tax. With estate tax, the process will take no less than nine months and averages about eighteen.

You will probably find that major details in the decedent’s trust have been left open, and that you will need to negotiate creditors’ claims, complete transfers, and possibly use existing assets in the estate to pay off other assets in the estate, such as in the case of real estate with remaining mortgage payments.

As to the trust, the language may prove to be an obstacle unto itself. Terms are rarely straightforward or easily executed. Crucial details may be vague or omitted. Even in the case of thorough estate planning with a very direct trust, you will want to consult with an attorney versed in trust administration to protect yourself and the beneficiaries of the trust from misunderstandings that might lead to California trust litigation.

Are you a trustee or executor with questions about the administration of an estate? The San Diego probate attorneys with The Grossman Law Firm serve California probate and trust administration, estate planning, will contests, and trust litigation clients in San Diego and outlying areas. For a free, 30-minute consultation with one of our team, call 888-443-6590, or contact us through the online form.

Also, be sure to order your FREE copy of Scott Grossman’s essential guide for trustees, The Insider’s Guide to California Probate and Trust Administration.