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Serving Southern California

Trust Administration

What is trust administration?

Trust Administration the process of  Administering a TrustTrust Administration the process of “Administering a Trust” which is similar to a Probate in many important ways, except that the main difference is that a Trust Administration is a private process whereas a Probate is a court-supervised process and very public.

Legal Advice for Trustees & Beneficiaries.

When you are appointed as a successor trustee of a decedent’s trust, your duties are just as complex and challenging as those facing the Executor during a Probate Administration. A trustee’s role is distinguishable from that of a “personal representative” in that the trustee does not have the often suffocating burden of court supervision. We are here to provide legal advice for Trustees and Beneficiaries because the complexities of even typical trust administration would benefit greatly by having the support and guidance of an experienced trust attorney on the trustee’s team. Some of the duties required of a trustee in California include, but are not limited to:

  • Trustee must see to the appraisal and valuation of all trust assets
  • Trustee must take control of the assets in the trust
  • Trustee must file affidavit regarding the death of the trustor in the county where decedent passed away
  • Trustee must send notice of the decedent’s death to the legal heirs and beneficiaries of the Trustor
  • Trustee must manage and invest the assets in the trust according to trust’s instructions
  • Trustee must tax decisions that can impact the trust’s assets
  • Trustee to sell or transfer property
  • Trustee to file papers with the County Assessor’s Office to maintain the benefits of California’s Proposition 13, if applicable

What are the duties of a Trustee during a Trust Administration?

A Trustee generally must marshal (inventory and collect) the assets of the Trust, address any valid creditors, see to any tax returns or tax obligations, perform a detailed accounting, and then make distribution of remaining assets to the Beneficiaries. The Trustee must always keep in mind that he or she is acting in a fiduciary capacity as specified by the Probate Code and must never be found to be self-dealing or doing anything that will deprive the named beneficiaries of their due inheritance. Trustees administering Special Needs Trusts must also comply with the extra rules and regulations of Social Security Administration (SSI), Social Security Disability Insurance (SSDI), Medi-Cal and other programs Beneficiaries may be dealing with.

Trustees are often the surviving spouse or adult child of the deceased

Vincent W. Davis and Associates has more than 60-years of combined legal experience. Mr. Davis understands that oftentimes surviving loved ones who are appointed to administer a trust may feel stressed and overwhelmed by the circumstances of a recent death and then suddenly forced into a trust administration role. Mr. Davis is available to step in to help his clients at every stage of the trust administration process. We will review all existing wills and trusts and take all the critical steps necessary to prepare for the transfer of property to the named beneficiaries. We will also assist our clients in locating and cataloging all assets as required by law. Mr. Davis will assist the designated trustee to ensure an event-free and smooth trust administration process from start to finish.

Need for an Experienced Trust Attorney’s Counsel & Intervention

We can provide Legal Advice as Needed –or– Hire Us to Administer the Trust.

The concept of a “trouble-free trust administration process” following the death or incapacity of a loved one, is actually quite a rarity. Regardless of how well an estate plan might have been crafted, self-dealing, favoritism, old allegiances, and down-right incompetence sometimes surfaces to the detriment of the beneficiaries. It is our experience that families involved in a trust administration will greatly benefit by Mr. Davis’ calm and steady hand, coupled with the people skills he has developed from years of courtroom litigation and refereeing complex family interactions during these difficult and emotional times. Give us a call if you require periodic legal advice, or if you would like our Trust Administrators to administer your Trust.

Poorly or illegally administered Trust? Beneficiaries need Legal Representation

Sometimes a trust is not well administered. If you are a beneficiary and feel that the Trust Administrator is making poor decisions, self-dealing decisions, favoring one beneficiary over another, acting recklessly, or not acting at all, you have the right, if not the duty, to challenge or “contest: the Trustee’s performance. In these situations, the beneficiary needs skilled legal representation to sort out his or her rights. You are encouraged to contact Vincent W. Davis for a confidential discussion of your concerns. Trustee actions and management of trusts are delineated by statue, and trustees, being fiduciaries, are required to follow these rules. Mr. Davis represents trustees and beneficiaries in all aspects of trust administration and trust litigation matters.

Caring, Compassionate and Competent Legal Services for Families

Vincent W. Davis is acutely sensitive to the fundamental reality that his clients and their families must deal with complex legal matters while still enduring the stressful and emotionally-draining season of life following the incapacitation or death of a family member. From the initial contact with a probate or trust client, Mr. Davis understands that he is not only there for the client, but often the family as a whole.

Set Up a Day, Evening or Weekend Appointment with one of our Trust Administration Attorneys Now

For assistance, please contact The Law Offices of Vincent W. Davis & Associates in Southern California for a complimentary consultation. Consultations are available in Los Angeles, Orange County, Inland Empire including Riverside or San Bernardino Counties. We also handle California Probate and Estate matters for out of state individuals.

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Arcadia Office
150 N. Santa Anita Ave,
Suite 200
Arcadia, CA 91006
Phone: (626) 446-6442
Fax: (626)-446-6454

Beverly Hills Office
9465 Wilshire Blvd.
Suite 300
Beverly Hills, CA 90212
Phone: (310)-880-5733

La Mirada Office
Cerritos Towne Center
17777 Center Court Drive ,
Suite 600
Cerritos, California, 90703
Phone: 888-888-6542

Los Angeles Office
Gas Company Tower
555 West Fifth Street,
31st Floor
Los Angeles, California, 90013
Phone: (213)-400-4132

Long Beach Office
Landmark Square
111 West Ocean Blvd.,
Suite 400
Long beach, California, 90802

Irvine Office
Oracle Tower
17901 Von Karman Avenue,
Suite 600
Irvine, California, 92614
Phone: (949)-203-3971
Fax: (949)-203-3972

Ontario Office
Lakeshore Center
3281 E. Guasti Road,
7th Floor
City of Ontario, California, 91761

Riverside Office
Turner Riverwalk
11801 Pierce Street,
Suite 200
Riverside, California, 92505
Phone: (909)-996-5644

San Diego
Emerald Plaza
402 West Broadway,
Suite #400
San Diego, California, 92101
Phone: (619)-885-2070

Aliso Viejo
Ladera Corporate Terrace
999 Corporate Drive,
Suite 100
Ladera Ranch, California, 92694
Phone: (714) 721-3822