Trust and Estate Administration is a Process for Both a Trustee/Executor and Beneficiaries
Whether you are a trustee, executor, or a beneficiary, the administration process can be difficult to process. We have handled thousands of administration matters, helping trustees, executors, and beneficiaries understand their respective rights and obligations.
If you are a trustee or an executor, there are various duties, legal notices, disclosures, and reporting requirements that must be completed before you can distribute assets to the beneficiaries. Many of these timelines are very short. If these procedures are not followed, or if you miss a deadline, it can set you on a path toward litigation. Or worse, these administration issues could haunt you for years to come, and you may be held personally liable. Having an attorney assist and advise you, even if temporarily, can put your mind at ease and save you from dealing with a complicated legal process down the road.
If you are a beneficiary, it can be difficult when little information is provided. Sometimes the things we don't know are often the most alarming. Other times, having an attorney assist you in seeking information or explaining information received can put your mind at ease and save you a substantial amount of time and money in avoiding litigation.
Regardless of your position, if you are dealing with a trust or estate administration, it's best to have legal counsel to at least consult with regarding the process.
We regularly help people in these various administration issues:
- Accounting: In any administration, beneficiaries have a right to an accounting of the assets for certain periods of time. We regularly assist in the preparation, review, and evaluation of probate accountings for our clients.
- Correcting Title Discrepancies: Oftentimes, when a person establishes a trust, they do not properly change title to all of their assets. As a result, these items may be subject to probate, but in some cases, you can avoid the formal probate process (and the time and expense of a formal probate) by filing a single petition with the court requesting an order that effectively corrects title to the asset.
- General Administration: From establishing a client's role as the trustee or executor, through providing required legal notices, notices to beneficiaries, advising clients of their rights
- Legal Term Discrepancies: It would be wonderful if every trust and will was clear, concise, and in plain English, but alas, we have attorneys. Sometimes, language in these documents is unclear, or is subject to two different interpretations. We can assist people in resolving these issues informally without the need for prolonged litigation, but can also assist people in the court system if the discrepancy is significant enough.
- Small Estate Administration: In the event there are certain assets that cannot be resolved by court order, but still have a value too small for a formal probate, we can assist clients in collecting those assets through procedures outline in the California Probate Code.
Our experienced attorneys are at the ready to make the administration process run more effectively and smoothly and to assist you in understanding the process. You may schedule your initial consultation directly with Giammichele Law, APC, reach out to us online, or give us a call at 949-339-1845, to discuss your matter in more detail.