Trust Administration

What Happens to an Irrevocable Trust When the Grantor Dies?

A trust is nothing more than a contract, a legal agreement where one party (the “trustee”) agrees to hold the legal title to assets and manage them for the benefit of others (the “beneficiaries”). Some trusts are “revocable,” which means that the trustmaker (sometimes called the “grantor,” “creator” or “settlor”) can modify or revoke the …

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How Long Does a Trustee Have to Distribute Trust Assets?

According to California Probate Code §16000, a trustee must administer the trust according to the terms of the trust instrument, including any asset distribution plan set forth in the trust document. Because there are many types of trusts and innumerable trust agreements the timeframe will depend on the distribution scheme set forth in the trust …

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How Much Should a Trustee Be Paid in Fees?

Trustees are tasked with the trying —and often thankless— job of managing trust assets to benefit the trust’s beneficiaries. In exchange for their services, California Probate Code §15681 allows trustees to receive “reasonable compensation.” However, if the trust document itself specifies different pay arrangements, then under Probate Code §15680, trustees are legally entitled to be …

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The Guide to Trustee Succession and Resignation

Trustee succession is the process by which a new trustee takes over the role of managing a trust. Trustee succession may occur when a trustee passes away, becomes incapacitated, resigns, declines, or is removed from the position. What is trustee succession? The term “trustee succession” refers to the process of having a new “successor” trustee …

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The Ultimate Guide to Spousal Lifetime Access Trust

What is a spousal lifetime access trust or SLAT? A Spousal Lifetime Access Trust (also known as a “SLAT”) is an irrevocable trust where one spouse is the grantor, and the other spouse is the beneficiary. The grantor spouse will execute the trust, and the beneficiary spouse will have limited access to the trust assets. …

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