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Trust Administration Attorneys

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Trusts can be valuable tools when it comes to estate planning, protecting your assets, and ensuring loved ones receive estate funds and property as specified. At Johnson and Taylor, LLC, our trust administration attorneys take the duties of trustees very seriously and always look after the best interests of our clients. Helping families and individuals make sense of how a trust works can cut down on conflict and ensure that the beneficiaries’ rights and trust assets are protected.

What Is Trust Administration?

Trusts are often created for minor children, beneficiaries with disabilities, spouses, or charities as part of estate tax planning. When someone who has a trust dies — often the settlor or the person who created the trust — the process of trust administration process can ensure the management of the trust is handled correctly.

If you are the successor trustee and the initial trustee has died or is no longer able to serve, many things must be done to ensure proper trust administration. Working with a trust administration attorney can help you understand the process and make it run more smoothly.

What Is A Trustee?

A trustee is the person appointed in a trust whose responsibility is to account for, hold, and administer trust assets as the trust directs. Revocable living trusts usually name the settlor as the first trustee and appoint a successor trustee to take control after the settlor dies or becomes incapable of administering the trust. A trustworthy family member, friend, attorney, bank, or trust company are often named as trustees.

What Are the Duties Of A Trustee?

The duties and responsibilities of a trustee include providing legal notices to beneficiaries, controlling estate assets, and following the instructions of the trust document. A trustee may also:

  • Invest and reinvest trust assets
  • Open bank accounts
  • Pay bills and taxes
  • Lease, buy, sell, and repair property owned by the trust
  • Hire and provide reasonable compensation to the trustee, attorneys, and accountants who advise or assist in trust administration

A trustee is required to keep current, accurate accounting records of the trust assets and manage them for the benefit of the recipients of the trust. Challenges often arise for trustees when there are conflicts between two or more beneficiaries or the language in the trust document is unclear. Seeking the advice of a seasoned trust administration attorney can help you deal with these and other issues and avoid stress, ensuring the trust is administered properly.

Is the Court Involved In Trust Administration?

If a revocable living trust is drafted separately from a will and appropriately funded, it typically won’t be included in the probate process. However, certain assets that aren’t in the trust may have to go through probate. Trusts created as part of a will are generally funded as part of the probate process, but the court is not usually involved in the trust’s administration.

If a trustee or a beneficiary files a petition to take action to resolve issues surrounding a trust, the court may become involved.

How We Can Help

Our probate lawyers and trust administration attorneys understand the confusing rules and laws involved in trust administration, probate, and estate administration. Seeking the counsel of an experienced lawyer can help you avoid the process from being dragged out and allow an estate to be closed promptly. We serve clients in Salem, Keizer, Woodburn, Albany, Dallas, and Marion, Polk, Linn, and Yamhill counties.

Contact A Trust Administration Attorney

Our trust administration lawyers at Johnson and Taylor, LLC are dedicated to helping clients and their families protect their assets and financial futures through effective, creative estate planning. Members of our team are fluent in Spanish. To schedule a consultation, contact us online or call 503-990-6641.