trust attorney california


What Does a Trustee Have to Do? Does a New Trustee Have to Go to Probate?

Let’s assume that your loved one left behind a signed Living Trust, along with a Last Will & Testament, which has been structured as a “Pour-Over Will.” If so, you should be enormously grateful.  We haven’t space in this article to deal with cases in which no trust has been left behind. Just know that in most states, including California, if there’s no trust, you must go to Probate Court. Indeed, if certain classes of assets are left out of a Trust, or if minors require guardianship, you will still need to go to probate—where we strongly suggest legal representation. You can learn more about Probate Court in California here.

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Westlake Village, CA 91362

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The job of Trustee is a weighty one, and you must either educate yourself deeply in how to administer a trust in California, or hire a firm like ours to administer the trust for you. If, for example, you have now lost both your parents and you have siblings, it will be vital to do everything in your power to be fair and equitable to every beneficiary of your parents’ estate, as well as follow the terms of the Will and Trust—and do your best to prevent friction and misunderstanding among heirs. Indeed, you may be legally liable for errors and omissions in your administration of the trust.




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