What is Trust Administration?
Trust administration is the process of managing and carrying out the terms of a trust during the life of the trust. This process may involve reviewing the trust document, identifying and valuing trust assets, preparing certificates of trust, notifying beneficiaries, addressing expenses and taxes, managing or selling property, and distributing assets according to the trust’s instructions.
Our attorneys guide trustees, beneficiaries, and families through each stage of trust administration with clarity and care. We help trustees understand their legal duties, communicate with beneficiaries, prepare necessary documents, coordinate asset transfers, and avoid unnecessary mistakes or delays. In appropriate situations, our attorneys may also serve as trustee or help clients incorporate trust protectors to provide additional oversight, flexibility, and long-term protection.
Whether a trust can be closed quickly or must continue for children, loved ones with special needs, asset protection purposes, or other long-term goals, our attorneys provide practical, compassionate guidance to ensure the trust is administered properly and in accordance with the wishes of our clients.
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Our attorneys begin by reviewing the trust document, related estate planning materials, asset information, and beneficiary designations. This helps determine the trustee’s authority, the beneficiaries’ rights, and the steps needed to properly administer the trust.
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Trust administration often involves locating, securing, and valuing trust assets such as real estate, bank accounts, investments, business interests, and personal property. Getting these assets into or out of a trust can be challenging. Our attorneys can help trustees understand their duties and coordinate the management, transfer, or sale of trust assets when needed.
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A certificate of trust can provide banks, financial institutions, title companies, and other third parties with confirmation of the trust’s existence and the trustee’s authority without disclosing the full trust document. Our attorneys can prepare certificates of trust to help trustees manage, transfer, or retitle trust assets efficiently while maintaining appropriate privacy.
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Trustees may be required to notify beneficiaries, provide information about the trust, address creditor issues, and handle expenses, taxes, or other obligations. Our attorneys can help trustees meet their legal responsibilities and avoid unnecessary mistakes or delays.
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In some situations, a client may prefer to appoint an attorney or other professional fiduciary to serve as trustee. Our attorneys can discuss whether this option may be appropriate and, when available, may serve as trustee to provide experienced, neutral, and organized trust management. This can be especially helpful when a trust involves complex assets, family conflict, long-term administration, or beneficiaries who may need additional oversight and support.
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Some trusts can be fully distributed and closed, while others may continue for children, loved ones with special needs, asset protection purposes, or other long-term goals. Our attorneys can help trustees determine the proper next steps and continue administering the trust when required.
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A trust protector can provide an additional layer of oversight and flexibility in certain trust arrangements. Depending on the terms of the trust, a trust protector may have authority to address changes in law, resolve administrative issues, remove or replace a trustee, clarify trust provisions, or help ensure that the trust continues to serve its intended purpose. Our attorneys can help clients determine whether a trust protector is appropriate and can draft trust provisions that clearly define the trust protector’s role, authority, and responsibilities.