Trust Administration

Living trusts generally provide an orderly administration of an estate without going through probate. During the administration phase, however, certain legal duties and formalities must be followed, of which a successor trustee may be unaware. Successor trustees may also be confronted with complex legal and tax issues. To ensure that your trust is administered smoothly and properly, consider having our firm administer your trust.

Upon a person's death, there are many steps that need to be taken in accordance to California laws to properly administer their Living Trust. The California Probate Code requires notification by trustee to beneficiaries of the person who passed away as the first step. California also requires a trustee to give notice of death to the Department of Health Services as it relates to Medi-Cal benefits. This notice allows the Department of Health Services to determine whether the decedent was receiving Medi-Cal benefits and if there is any right by the state for reimbursement.

Real property assets held in trust need to have titled cleared to make sure all assets have been properly funded into the trust. An Affidavit of Death is commonly filed along with other Trust Transfer Deeds to properly distribute the property as directed by the trust. Trust assets need to be appraised and otherwise handled. Tax issues need to be considered and handled with our firm. Lastly, it is prudent to wrap up the administration of a Living Trust with an agreement signed by the trustee and all of the beneficiaries to protect the parties.