Santa Ana & Orange County Trust Administration Lawyer
Assisting Individuals in Orange County with the Trust Administration Process
One of the most important decisions that an individual or a family can make is how to execute a trust. However, without proper legal assistance, the process of administering a trust can be extremely complex and tedious. Moreover, when a decedent’s trust suffers one or more losses because of a serious omission or mistake, then an individual trustee could be deemed personally responsible for the mishap.
Experienced Santa Ana trust administration attorney Roshni T. Desai of the Law Offices of Roshni T. Desai can assist throughout every stage of the trust administration process and can help to ensure that all of the necessary legal requirements are satisfied in full.
Overseeing a California Trust
As soon as an individual establishes a trust in the State of California, an administrator – also called a trustee – is required to oversee it. In cases where the person for whom the trust is established and the trustee are the same individual, then a successor trustee must also be appointed. Moreover, a trustee is responsible for overseeing all aspects of trust administration following a loved one’s death. Specifically, the trustee must manage any real or personal property, investments, cash, insurance, and any additional assets which make up the trust. In addition to overseeing and managing these assets, the trustee must also manage the way in which these assets are distributed upon the decedent’s death.
Legal Duties of a Trustee
There are several legal duties by which a trustee must abide in the State of California. First and foremost, a trustee has a legal duty to act in good faith. This good faith duty essentially means that in managing and distributing the trust’s assets, he or she must have the decedent’s intentions in mind at all times. An experienced Santa Ana trust administration lawyer will draft a trust in such a way that there is no ambiguity as to the decedent’s wishes – especially with regard to asset distribution. In addition to these responsibilities, a trustee in California is also responsible for the following:
- Making sure to obtain at least ten certified copies of the decedent’s death certificate
- Contacting the appropriate probate court
- Reviewing and understanding all of the relevant trust documents
- Locating all of the assets of the trust and overseeing their distribution, according to the decedent’s wishes
- Making sure that assets belonging to the decedent which are outside the trust are properly located
- Making sure to provide an accounting of all of the trust assets to the trust beneficiaries
- Making sure that any and all taxes are paid and that a tax return is properly filed on behalf of the trust
Speak with an Orange County and Santa Ana, California Trust Administration Lawyer Today
Lawyer Roshni T. Desai of the Law Offices of Roshni T. Desai can assist you with all of the legal aspects of trust administration in California. To schedule a free consultation and case evaluation with a Santa Ana, California trust administration attorney, please call us at 714-694-1200 or contact us online for more information.