Probate and Trust Administration

If your loved one has passed away or become incapacitated, you need to take action. Exactly what kind of action will depend on what kind of plan your loved on created—or didn’t create.

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Probate & Trust Administration

Tucson Trust Administration

Trust administration is triggered by a death and imposes important responsibilities on the trust administrator (trustee). While the trustee needs to get legal help right away in fulfilling these responsibilities, the trustee is not the only one who could benefit from legal representation.

Beneficiaries often should talk with an attorney during the trust administration process, and those who wish to argue a trust is not a true reflection of the wishes of the deceased should also seek appropriate legal guidance.

Kinghorn Law is here to provide aid to all those involved in the trust administration process. We know Arizona laws on how trusts work and how they must be administered after a death. We help to ensure the trust administration process goes smoothly and quickly, with appropriate outcomes for all involved.

What is Trust Administration?

Trust administration is a process that occurs when a trust creator (trustor) passes away or becomes incapacitated and is an alternative, simpler process compared with the probate process.

Trust administration does not take place in court, and no judge is involved unless a problem arises. Instead, the process involves a chosen trustee who follows instructions in a trust document to facilitate the transfer of trust assets to a new owner.

Many people create trusts specifically because they wish their property and assets to transfer during trust administration rather than during the probate process.  While the probate process can be costly, expensive, and too public due to court proceedings, trust administration should be efficient and private.

A trustee is in charge of overseeing the trust administration process and has a fiduciary duty to act according to the best interests of the trust beneficiaries. The trustee will take care of the technical issues involved in trust administration, from filing taxes, to making an accounting of assets in the trust, to overseeing the official formal transfer of asset ownership.

Although trust administration is often simpler and quicker than probate, there are still legal, tax and accounting rules the trustee must carefully follow. A trustee who fails to follow these requirements can be personally responsible to the beneficiaries.

Who Should Have a Lawyer During the Trust Administration process?

A trustee should have an experienced attorney providing representation and advice during the trust administration process.

Because of the trustee’s fiduciary duties, the trustee could face a personal lawsuit if accused of mismanaging or misappropriating trust assets. There is no sense in taking this type of substantial risk when administering a trust.

Instead, the trustee should talk with an attorney as soon as possible following the death of the trustor so the attorney can offer guidance and aid throughout the entirety of the trust administration process.

Beneficiaries of the trust should also strongly consider consulting with an experienced trust administration attorney and hiring an attorney to represent their interests during the trust administration process. Beneficiaries who stand to inherit from a trust do not want a trustee to intentionally or inadvertently do anything that could reduce the value of trust property By working with an attorney, beneficiaries can make certain a trustee follows instructions in the trust document and follows the law to the letter.

Beneficiaries may also need legal advice if they believe that a trustee is not doing his job properly and is causing asset losses or unnecessary delays.

You do not deserve to have anything happen to your inheritance as a result of a trustee who does not fulfill their duties in accordance with the law. Your attorney can help you to determine if problems arise and can assist in taking action to resolve those issues.

How an Attorney Helps During the Trust Administration Process

The trust administration process involves taking some of the same steps as during the probate process, including providing required notice, taking care of tax issues, and facilitating the transfer of assets.

There are important differences, though. Trust administration should not necessitate involvement from the probate court unless a problem arises, and the process should be quicker. A trustee will be in charge of it and must follow both the law and the wishes of the decedent.

Kinghorn Law helps ensure the trust administration process goes smoothly by providing the same type of comprehensive representation that we offer during the probate process. Whether you want to monitor the actions of the trustee or you want our help to fulfill your duties as the trustee, we are here to provide comprehensive and compassionate legal aid.

How can a Tucson Trust Administration lawyer help during trust administration?

A Tucson attorney who specializes in trust administration can provide assistance with the process of administering a trust after the trust creator has passed away.

We help trustees fulfill their roles, and we represent beneficiaries who want to protect their inheritance.

We can also assist with trust creation so your family can go through the trust administration process instead of the probate process after a death has occurred. Contact us now to find out more.

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