Trust Administration Lawyer in San Francisco Bay Area, CA

Being a Trustee Doesn’t Have to Be Overwhelming. Get the Expert Support You Need.

Administering a trust can be intimidating for someone who is not experienced in the law or in finance as accounting, investment and legal issues may arise. Fortunately, a trustee is entitled to retain a knowledgeable trust administration attorney to help with issues such as:

Are you a trustee feeling burdened by complex legal and financial responsibilities? Our experienced California trust administration attorneys provide the guidance and support to make the process clear and manageable.

Simplify Complex Trust Administration: We handle the legal and financial intricacies, so you don’t have to.
Avoid Costly Mistakes and Liabilities: Ensure you’re fulfilling your duties correctly and protecting yourself.
Reduce Stress and Save Time: Let us manage the administrative burdens, freeing you to focus on what matters most.
Ensure Compliance and Transparency: We help you meet all legal requirements and keep beneficiaries informed.

Get Your Free Trust Administration Guidance Session Now. Call us today at (925) 317-3467 or reach out online for a consultation.

Are You Feeling the Pressure of Being a Trustee?

Being named a trustee is a significant responsibility. You might be facing unfamiliar legal terms, complex accounting requirements, demanding beneficiaries, or even potential lawsuits. It’s understandable to feel overwhelmed, especially if you lack extensive financial or legal experience.

Common challenges trustees face include:

Understanding and Interpreting the Trust Document: Deciphering complex legal language and determining your exact obligations.
Managing Trust Finances and Investments: Ensuring prudent investment and accurate record-keeping.
Preparing Accurate Accountings for Beneficiaries: Meeting the requirements for transparent financial reporting.
Handling Beneficiary Communication and Potential Disputes: Navigating sensitive family dynamics and addressing concerns.
Filing Trust Tax Returns and Paying Expenses: Complying with complex tax regulations.
Defending Against Legal Challenges to the Trust Administration: Protecting the trust and your actions as trustee.

You don’t have to shoulder these burdens alone. Our experienced California trust administration attorneys are here to provide the expert assistance you need.

Your Trusted Partner in Trust Administration.

At Burrey Law Group Inc., we understand the challenges trustees face. Our experienced California trust administration attorneys provide comprehensive support to guide you through every step of the process, ensuring you fulfill your duties effectively and with confidence.

Here’s how we can assist you:

Clear Interpretation of the Trust Terms: We’ll explain your obligations and the beneficiaries’ rights in plain language.
Expert Guidance on Financial Management and Accounting: We can help you establish sound financial practices and prepare accurate accountings.
Preparation of Required Notices and Documents: We ensure all necessary paperwork is handled correctly and on time.
Assistance with Tax Filings and Expense Management: We’ll help you navigate complex tax regulations and manage trust expenses.
Strategic Defense Against Trust Disputes: If you face a lawsuit challenging your administration, we will vigorously defend your actions.
Facilitating Communication with Beneficiaries: We can help you communicate effectively and address beneficiary concerns.

Simplify Trust Administration: Schedule Your Free Guidance Session

Empowering Trustees to Succeed.

Our goal is to empower you to effectively administer the trust according to the grantor’s wishes, while protecting yourself from potential liabilities and minimizing stress. We provide the knowledge, support, and legal expertise you need to fulfill your role with confidence.

Don’t let the complexities of trust administration overwhelm you. Get the expert help you need today.

What Are the Duties of a Trustee?

A trustee is obligated to manage the assets of the trust in accordance with the terms of the trust document including potentially:

Maintaining, managing and investing trust assets in a prudent manner that achieves reasonable income and growth with minimum risk.

Establishing separate banking and financial accounts to hold trust assets.

Defending the trust and trust assets from lawsuits and filing suit on behalf of the trust to assert legal claims.

Distributing trust income and assets in accordance with the terms of the trust. As the trustee, you may not distribute or use trust property for yourself unless permitted under the trust documents. Trustees must treat all beneficiaries of the trust equally unless the trust document grants the trustee the discretion to treat individual beneficiaries differently from one another.

Keeping accurate financial records, filing tax returns and reporting information to the beneficiaries may be required by the trust documents and by state and federal law.

Understanding the Rights of Beneficiaries

The grantor establishes the terms of the trust, and the trustee has responsibility to manage the trust in accordance with those terms. However, trust beneficiaries also have certain rights with respect to the trust.

The specific rights of trust beneficiaries will depend on the type of trust, the provisions of the trust document, and state law. In a revocable-type trust, beneficiaries typically have few or no rights. The grantor who established the trust retains the right to change the terms of the trust (including changing the beneficiaries of the trust) or to revoke the trust outright.

In irrevocable trusts, the grantor typically cannot change the terms of the trust after its formation. As a result, beneficiaries of irrevocable trusts may have significant rights that can include:

The right to distributions of trust income and principal as set forth in the trust document.

The right to be provided with information about the operation and performance of the trust so that they are able to enforce their rights under the trust.

The right to an accounting, which is a report of income, expenses and distributions from the trust. Accountings are typically provided on an annual basis, although the frequency of accountings can be set by the terms of the trust. Beneficiaries are also entitled to waive the need for an accounting.

The right to petition a court to remove the trustee if they can prove that the trustee has acted unlawfully, in violation of the terms of the trust, or in a manner that is contrary to the best interests of the trust and the beneficiaries.

The right to petition the court to terminate the trust. However, courts will only grant termination of a trust when the purposes of the trust have been fulfilled or when the purposes of the trust have been frustrated.

Disputes During Trust Administration

Disputes can often arise during trust administration including the following :

Challenging whether the grantor of the trust had the mental capacity to legally form a trust.

Challenging whether the grantor formed the trust and intentionally included certain provisions in the trust document or whether the terms of the trust were due to someone else’s coercion, undue influence or fraud.

Challenging whether the trust document was fraudulently created or forged.

Alleging that actions taken by the trustee were contrary to the terms of the trust.

Challenging the administration fees charged to the trust by the trustee.

Alleging that the trustee dissipated or wasted trust assets due to mismanagement.

Claiming that the creation or funding of the trust constituted a fraudulent conveyance designed to defraud creditors.

Ultimately, trust litigation may be necessary to resolve beneficiary or creditor disputes against the trust, or to allow a trustee to seek a determination from the court as to the obligations owed to the trust or to the beneficiaries.

Frequently Asked Questions

Our trust management attorneys often field these questions from grantors considering creating a trust or from the trustees in charge of trust administration:

A will serves as a document directing how assets will be distributed after a person’s death. A trust is a legal entity that becomes the owner of the assets used to fund the trust. The person or entity that manages the trust is called a trustee. The trustee distributes the income generated by the trust or the trust principal according to the directions of the trust document.

A will only goes into effect upon the testator’s death. A trust goes into effect as soon as the trust documents are executed by the grantor, and the trust is funded with some assets. In many cases, an individual may create a trust while drafting a will and direct that the trust be funded with the individual’s estate after his or her death.

Trust administration is often less expensive and more private than the probate process. Trust administration usually requires no intervention from, or approval by, the courts. Trust administration usually does not require that notice be provided to the creditors of the trust’s grantor or any of the trust’s beneficiaries. Instead, notices and other information are usually only provided to the beneficiaries of the trust.

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Friday	9:00 am - 5:00 pm

Monday	9:00 am - 5:00 pm
Tuesday	9:00 am - 5:00 pm
Wednesday	9:00 am - 5:00 pm
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Friday	9:00 am - 5:00 pm

Struggling with Trustee Responsibilities?
Get Expert Trust Administration Help in California.

Being a Trustee Doesn’t Have to Be Overwhelming. Get the Expert Support You Need.

What Are the Duties of a Trustee?

Understanding the Rights of Beneficiaries

Disputes During Trust Administration

Frequently Asked Questions

Talk to a California Trust Administration Attorney Now

Struggling with Trustee Responsibilities? Get Expert Trust Administration Help in California.

Being a Trustee Doesn’t Have to Be Overwhelming. Get the Expert Support You Need.

What Are the Duties of a Trustee?

Understanding the Rights of Beneficiaries

Disputes During Trust Administration

Frequently Asked Questions

Talk to a California Trust Administration Attorney Now

Struggling with Trustee Responsibilities?
Get Expert Trust Administration Help in California.