A trust administration can be challenging and it is wise to hire an attorney to the trustee or beneficiaries through the process.
A trust instrument should reflect the wishes of the decedent. A trustee must abide by the terms of the trust and California law in administering a trust. The administration process can be very complicated and requires the assistance of good legal counsel. The trustee’s responsibilities following a death include, but are not limited to, the following:
- Understanding the trust instrument
- Serving the required notifications on beneficiaries
- Filing the will with the appropriate California county
- Obtaining a tax identification number
- Gathering the assets of the estate and the trust (which may involve a probate)
- Obtaining appraisals of estate assets as of date of death for estate and income tax purposes
- Dealing with the decedent’s creditors
- Protecting and managing trust property
- Communicating with and accounting to the beneficiaries
- Preparing tax returns
- Managing other items unique to the trust instrument
- Distribution of trust assets and winding up administration