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Anaheim Living Trust Lawyers Discuss How To Administer Trusts

Often, a California wills and trusts lawyer advises clients to use trusts to pass assets to their loved ones when they die. That’s because living trusts offer so many advantages over traditional wills. But it’s a misconception to think that setting up a living trust enables beneficiaries to take property automatically, without any further administration. On the contrary, once the creator of a living trust passes away, the successor trustee takes on multiple duties and responsibilities. When someone needs to administer an estate plan we are here to help the trustee or administrator to follow the correct process in California.

 

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Many successor trustees hire attorneys to help them fulfill their duties
In many cases, a person appoints his son or daughter to serve as a successor trustee. Of course, any son or daughter who is appointed as successor trustee wants to carry out a parent’s wishes. Yet successor trustees often are busy professionals who have young families of their own. They do not have the time to investigate their responsibilities or to deal with paperwork. That’s where we come in. As Anaheim trust attorneys, we help clients administer trusts.
Our Anaheim estate attorneys focus on trust issues
We cover all aspects of trust law. We create trust documents for our clients. We also work with clients to revise their trust documents and to keep track of trust assets. Finally, we help people administer trusts. We recommend that people who are serving as successor trustees view our complimentary DVD, Understanding the Revocable Living Trust In Language that Anyone Can Understand in 8 Minutes.
When we work with a trustee, we explain the person’s duties, and we help him fulfill those duties
We believe in educating our clients. Not only does this help them understand their legal issues in both general and specific terms, but it also helps them feel more confident in their decisions.

When we are asked to assist with the administration of a trust, we begin by reading the trust documents and locating the trust’s assets. We meet with the trustee to discuss any issues that must be addressed immediately. We also discuss the trustee’s ongoing responsibilities. We explain the specific duties the trustee must perform and discuss how the trustee can carry out those duties.

The trustee must make important decisions regarding assets and other issues. We provide focused advice to support him. Our goal is to provide enough information and support so that the trustee feels as though he is making competent, informed decisions.

Please contact our Anaheim trust attorneys if you’ve been appointed as a successor trustee

If you would like our Anaheim, California estate attorneys to discuss trust administration, contact us. You may reach us by calling (714) 282-7488 or by filling out an online contact form.

We help people who live in or near Anaheim, Orange, Villa Park, Yorba Linda, Fullerton, Huntington Beach, Placentia, Santa Ana, Irvine, Garden Grove, and La Habra.

Helpful Articles About Administering an Estate Plan

How to deal with real property that is outside of trust when a person passes away?

If real property does not exceed $50,000 gross (not very typical in California, except in the case of timeshares), then the property need not go through a full formal probate. Instead, a simplified Affidavit Procedure is available to the personal representative of the estate. Under this procedure, the personal representative must wait 6 months from the date of death and then file an “Affidavit Regarding Real Property of Small Value” with the clerk of the superior court in order to transfer the property to the trustee of the trust. Using this procedure, the value of the decedent’s personal property does not matter.
 

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How to access assets outside of trust when a person passes away?

Assets outside of trust can ultimately be distributed to the beneficaries of the trust through what’s known as a Small Estate Affidavit. Probate Code Section 13100 outlines the rules for these kinds of transfers. The first requirement is that the decedent must not have left more than $150,000  of probate property outside of trust. The following are NOT considered probate property: assets held in trust, joint bank accounts, assets held in joint tenancy, California registered vehicles, life insurance, and retirement accounts with beneficiares. The second requirement is that you must wait 40 days form the date of death to transfer such assets into the trust or to distribute the to the benficiary or beneficiaries. Finally, a declaration must be signed by personal representative confirming that 40 days from death have in fact lapsed and that the probate estate does not exceed $150,000.

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