Orange County Trust Administration 

What is a Trust?

A trust is a legal document that acts much like a will by documenting how you want your affairs handled after you pass away. Trusts are placed in the control of a person or other entity, known as a "trustee," who is in charge of handling the property according to the wishes of the deceased. Please note, there are various types of trusts, each of which has its own requirements and benefits.

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. This position is 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 trust litigation.

Hire an attorney in the OC!

The Orange County trust administration attorney at 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 to get started.