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Trust Administration upon Death or Incapacity

Successor Trustees Need Legal Guidance

A primary benefit of a properly funded living trust is the avoidance of probate court upon death, as well as upon incapacity. However, it is a common misconception that nothing needs to be done when there is a living trust. This is simply untrue. Nothing needs to be done in court, which saves substantial time and money, but a successor trustee upon death or incapacity still has many legal duties and responsibilities and will generally need legal assistance to properly and completely administer the trust. If a living trust is not properly administered as required by the California Probate Code, the successor trustee could potentially be held in breach of trust, which could result in removal and/or personal liability of the successor trustee. Many successor trustees who have attempted to take on the responsibilities of trust administration without legal counsel have regretted the decision. A wise successor trustee will consult with an attorney experienced in trust administration immediately or as soon as possible after accepting the position.

Contact Sterzer & Associates, A Law Corporation

Having 20 years of experience representing successor trustees, Brian Sterzer knows the legal requirements of the trust administration process inside and out and he can help every step of the way. Contact Sterzer & Associates, A Law Corporation if you have questions or concerns about trust administration, or to schedule a consultation.

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