Practice Areas

Trust Administration

Background

Trust administration can be complex and confusing for those unfamiliar with California's laws governing trustees and fiduciaries. Trustees are required to administer and manage trust assets in the best interest of the trust and its beneficiaries. A trustee must also administer the trust according to the will of the trust creator, even after the trust creator has passed away. Common trustee duties include: complying with statutory notice requirements, marshalling trust assets, appraising trust assets, paying estate debt, preparing trust accountings, dealing with tax matters, and keeping the beneficiaries informed as to the status of the trust administration. The law asks a lot of a trustee and is not uncommon for trustees to miss a few steps along the way. Some missteps are easily corrected, but others can be devastating leaving the trustee personally liable to the beneficiaries for their errors. We work closely with all our trust administration clients to make sure they understand their legal obligations and avoid making costly mistakes during their trust administration.   

We also represent trust beneficiaries. When representing a beneficiary we monitor the trustee's actions to make certain he or she is complying with their duties and the beneficiary's interests are protected. An example of a case wherein we might represent a trust beneficiary is one where the trustee has failed to keep the beneficiaries advised of the trustee's investment practices or there is reason to believe the trustee is commingling his or her personal assets with the trust assets to the beneficiary's detriment. If a trustee's conduct runs contrary to the terms of the trust or the intent of the trust creator beneficiaries may have to file a breach of trust suit against a trustee to protect their interests. Whether you are a trustee accused of breaching your duties as trustee or a beneficiary questioning the actions, or inactions, of a trustee – we will aggressively represent your interests.    
 
Trust administration and litigation requires careful attention to detail and a comprehensive knowledge of the law. Our attorneys are committed to providing you with quality, personal legal counsel that is specifically tailored to fit your needs during your trust administration. 

For more information about our trust administration practice, please click here for our list of attorneys in this practice area.

Attorney List

James A. McFall

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