可撤销生前信托的受托人死亡时, the surviving spouse or successor trustee must administer the trust.
If you’re the successor trustee (or surviving spouse) of a revocable living trust, you must take the required steps to administer the trust after the settlor passes away.
Finding a skilled trust attorney to coach you through the trust 政府 process saves the estate time and money. Contact our experienced trust attorneys today for a no-cost initial consultation.
We understand that the death of a loved one can be overwhelming. 如果你是继承受托人中的大多数, this may be the first time you have ever been involved in an estate 政府. By hiring a trust attorney to coach you through this process, 你会为庄园节省时间和金钱, all while protecting yourself from potential litigation.
丹尼尔·亨特的律师事务所, our goal is to help you learn and execute all of your trustee duties under the 加州遗嘱认证代码, completing the estate 政府 as efficiently as possible. (For help getting started as a successor trustee, visit our 为继任者受托人 page.)
We offer successor trustees a no-cost initial consultation to go over the entire trust 政府 process. Contact our 萨克拉门托 trust law office today to schedule your initial consultation and learn how our law firm can help you.
The trust 政府 process often includes tasks such as:
- Notifying creditors and potential creditors of the decedent’s passing.
- Notifying trust beneficiaries of the trust 政府.
- Creating an inventory of all assets of the estate and their value.
- Selling or otherwise distributing trust assets, including real property.
- Preparing state and/or federal tax returns and any inheritance, 申报及支付任何应付的税款.
- If a spouse has passed and was named in 遗产规划 documents, updating estate plan to name new successor trustees/agents.
- Distributing the assets of the estate to the beneficiaries.
We recommend that successor trustees seek the counsel of an experienced trust attorney to oversee the trust 政府 process, due to the significant potential for litigation if steps are not performed correctly.
Most trust 政府s can be completed in 3-6 months. 许多因素可能会延长这个时间框架, 比如卖房地产, 对信任的争夺, discovering properties that were never transferred to the trust, 和更多的.
Our firm teaches successor trustees how to fulfill their duties to beneficiaries as outlined within the 遗嘱认证代码. Failure to learn and abide by these rules exposes the successor trustee to the possibility of being sued by the trust beneficiaries.
Here are just a few examples of a successor trustee’s duties to trust beneficiaries:
- 遗嘱认证法典第16009条: DUTY TO KEEP TRUST PROPERTY SEPARATE AND IDENTIFIED
A successor trustee may not mix trust assets with his/her own personal assets. 所有资金必须分开存放.
A successor trustee must treat trust beneficiaries the same, without favoring one over another (unless authorized by the trust).
信托资产必须进行有成效的投资, in a way that will result in reasonable growth with minimum risk.
We explain all of the rules of responsibility in depth when we assist with a trust 政府. We train successor trustees how to execute their duties appropriately to limit the possibility of trust and estate litigation.
Our staff has successfully guided successor trustees like you through hundreds of trust 政府s over the years. We strive to make this process as smooth and comfortable as possible during a difficult time of loss.
If you are a successor trustee and need to administer a trust, 但不知道从哪里开始, 我们可以帮助. We offer a no-cost initial consultation in which we review the trust document, 回顾信托管理的过程, 教育你的职责, and review the steps involved in the trust 政府 process. Contact our 萨克拉门托 estate planning office today to schedule your initial consultation and learn how our law firm can help you.