The Trustee is under a duty to administer the trust strictly, by its terms. The Trustee must use skill and care in their actions and in making administrative decisions, which include maintenance of trust records, disbursement decisions, and protecting valuables. The Probate Code defines many of the Trustee’s duties, including:
- To carry out the expressed terms of the trust
- To defend the trust
- To invest trust assets prudently
- To be impartial among beneficiaries
- To account for actions and keep beneficiaries informed
- To be loyal
- Not to delegate tasks that cannot be delegated
- Not to profit
- Not to be in a conflict of interest position
- To administer the trust in the best interest of the beneficiaries
If you have a Trust but are unable to administer it due to incapacity, we can help. We can work with you to transfer your responsibilities as Trustee to your Successor Trustee, who can begin to oversee and protect your Trust assets, while ensuring that your bills are paid and assets are distributed, pursuant to the terms of the Trust.
Our experienced attorneys can help your Successor Trustee begin to administer your Trust after the death of one or both of you. We will assist with various required legal notifications and formalities. Bills must be paid, property titles verified, tax returns filed, assets marshaled, appraised and sold, and ultimately, distributed to the appropriate beneficiaries. We have the knowledge and expertise to help your Successor Trustee carry out their duties to successfully administer your Trust according to your wishes.