Orange County Trust Administration Lawyer
Who Can Be a Trustee?
In California, the trust administration process usually begins the moment
the trust is created. During the drafting of the trust, the trustor will
designate a person to handle their trust - a position known as the "trustee"
- as well as someone to administer the trust after their death - a position
known as the "trust administrator." These positions are often
filled by the same person or company. The trustor may also designate beneficiaries
who may come into the trust at a certain future date.
Trustees can be granted immediate administration over a trust or they could
be named a successor trustee in which case they would assume their role
as administrator after the trustor passes away. If the decedent left no
will designating a trustee, then his or her next of kin may file a petition
with the court to be appointed as administrator of the decedent's
estate. The court can also designate an administrator from the public
administrator's office if no one petitions for this position.
Responsibilities of a Trustee
The duties and responsibilities of a trustee are outlined in the trust
itself, as well as under California state law. It is the duty of a trust
administrator to ensure that the decedent's will is followed after
their death and that their property is distributed according to the same
will. Trustees must be aware of both their statutory duties and restrictions,
as well as those listed in the trust in order to avoid violations. Otherwise,
a Trustee's acts could be determined as non-binding and may be disputed
during the estate trust administration process, often resulting in
Hire a Probate Attorney in the OC
Mortensen & Reinheimer, PC has extensive skill and experience in trust
administration allowing them to help effectively guide the trustee during
a trust administration. We are also skilled in California probate law
and can ensure that a decedent's will and trust are followed after
their death. Schedule your consultation with us as soon as possible.