Trust Administration Matters

POSTED ON: June 7, 2024

Administering an estate can be daunting, especially when you're unsure of the responsibilities involved. At Vick Law, P.C., we understand the complexities and emotional weight that come with estate administration. Our experienced team is here to guide you through every step, ensuring that your loved ones and assets are protected according to your wishes.

Trustee Responsibilities and How We Assist

Being appointed as a trustee can be overwhelming, particularly if it's your first time serving as a fiduciary. Whether you're dealing with a testamentary trust (created under a will) or an irrevocable trust from a revocable living trust, the responsibilities are significant.

If you've been notified in advance of your appointment, it’s crucial to understand your role fully. We recommend obtaining a copy of the legal document appointing you and seeking a detailed overview from the preparing attorney. Knowing your duties beforehand allows you to make an informed decision about accepting the role.

Trustee 101: The Basics

A trustee can be an individual, a financial institution, or both, holding legal title to property for the benefit of another. The trust document will specify the trustee. Often, the person who created the trust serves as the initial trustee, with a successor named to take over upon their incapacity or death. For example, if John sets up a living trust and is the initial trustee, he manages the trust during his lifetime. Upon his death, the appointed successor trustee assumes control.

You Don't Have to Do It Alone

As a successor trustee, you can delegate tasks to professionals. Handling someone else's assets can be time-consuming, and hiring an accountant, attorney, or institutional trustee can help manage the workload. Vick Law, P.C. can assist in coordinating these efforts, ensuring that all responsibilities are handled efficiently and correctly.

Key Responsibilities of a Trustee

The first step as a trustee is to thoroughly read and understand the trust agreement. Know who the beneficiaries are, what they are entitled to, and the timeline for distributions. If you have any questions, seeking professional advice is crucial.

Marshaling the Assets

As a trustee, you must locate, secure, and value all trust assets promptly. This may involve filing claims to collect certain assets, like life insurance proceeds, and hiring professional appraisers for valuable items such as jewelry and vehicles.

Paying Expenses and Debts

You are responsible for identifying and paying all final expenses, personal and trust taxes, and legitimate debts of the decedent. Prompt payment of bills and proper notification to known and likely creditors are essential.

Distributing Assets

When making distributions to beneficiaries, follow the trust agreement meticulously. Be prepared to deny unauthorized distribution requests, ensuring that the trust's terms are upheld.

Terminating the Trust

After fulfilling all obligations—paying expenses, debts, taxes, and distributing assets—you can terminate the trust, concluding your duties as trustee.

Secure Your Peace of Mind with Vick Law, P.C.

Navigating estate administration doesn't have to be a solitary or stressful journey. Vick Law, P.C. is here to provide expert guidance and support, ensuring that you fulfill your fiduciary responsibilities with confidence and integrity. Protect your loved ones and ensure that your estate is managed according to your wishes. Contact Vick Law, P.C. today to discuss how we can assist you with your estate administration needs.

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