The trust administration process is a crucial part of settling an estate and requires navigating complex legal procedures that can be difficult for interested parties to understand. At RMO Lawyers, our skilled and experienced trust administration attorneys provide guidance in the process so that you can maintain peace of mind and secure a trust distribution aligned with the interests of the creator, also known as the settlor of the trust.
A trust administration attorney is a lawyer who is experienced in interpreting and facilitating a trust document to fulfill the best interests of the settlor. A trust administration attorney helps clients navigate the process of administering a trust by offering legal interpretation, guidance, protection, and more.
Every situation is different, so a trust administration attorney works to understand the unique circumstances surrounding your case and provide the appropriate guidance. At RMO Lawyers, our team of California and Texas trust administration attorneys is committed to supporting you through any step of the process.
A trust administration attorney plays a valuable role in the trust process, offering a variety of services depending on what the circumstances require. Administering a trust encompasses a range of responsibilities that entail a significant workload. Moreover, trustees are bound by legal obligations known as fiduciary duties, mandating that they consistently act in the beneficiaries’ best interests. Consequently, any errors or failures in fulfilling these duties could expose them to potential legal liabilities. Our California and Texas trust administration attorneys at RMO Lawyers work to make the process easier for parties involved in administering a trust, supporting clients in all the following areas.
Trust administration attorneys can help trustees and beneficiaries understand and interpret the terms laid out in a trust document. RMO Lawyers will offer support in gathering information to understand the wishes of the decedent to properly interpret the trust’s terms and safeguard our clients’ assets and interests.
Managing assets related to a trust includes maintaining an inventory of assets, conducting detailed accounting, paying debts, and more. Our trust administration lawyers can oversee the allocation of assets according to the trust’s terms, ensuring compliance with legal requirements and a fair distribution for beneficiaries.
Trust administration attorneys can guide trustees in determining the best path forward for managing certain assets and property, whether that includes consulting beneficiaries or requiring petitioning the court for approval of acts like selling property or investing estate or trust funds. RMO Lawyers can provide appropriate and relevant guidance.
The final step in trust administration is the distribution of assets to beneficiaries, which can be an intricate process. Our trust administration attorneys can provide guidance in making prompt distributions aligned with the trust document’s intentions, providing support for calculating beneficiaries’ shares, distributing shares in a timely manner, and determining payment schedules.
Trustees are required under law to act in the best interest of a trust’s beneficiaries. Our trust administration attorneys provide guidance for trustees in understanding their legal and ethical responsibilities, upholding their fiduciary duties to prevent disputes, and securing a fair outcome for all interested parties.
Conflicts can occur over trust documents and trust asset distributions. RMO Lawyers offer support in resolving disputes and offering mediation for conflicts between beneficiaries or trustees. We’ll take all possible steps to find a fair resolution that brings the best possible outcome for all sides.
Our probate attorneys focus on all types of trust administration disputes. Whether you’re a trustee, executor, heir, or beneficiary we can help you resolve your probate dispute.
While the RMO administration team is ready to assist with the facilitation of the trust, our RMO trust litigation team can step in when and if disputes arise during the trust administration process. This includes disagreements over the interpretation of a trust’s terms to conflicts over asset distribution. An attorney can provide an objective look into the case to find a fair resolution under the law. At RMO Lawyers, we provide support in navigating all the following disputes.
Because of the many services a trust administration attorney can offer, there are many scenarios that may justify reaching out. Some signs that you should contact a trust administration attorney include:
Ultimately, if you have any questions or concerns surrounding the trust administration process in California or Texas, you should schedule a consultation with our team at RMO Lawyers. Our trust administration attorneys are here to guide you through every step of the process.
Seeing a trust involves several parties and every situation is different, there is a lot of room for ambiguity. As a result, many parties can benefit from the support of a trust administration attorney in the administration process. We support all of the following clients at RMO Lawyers.
Trustees have certain legal requirements and expectations of them when leading the process of administering a trust and must carefully uphold their fiduciary duties of distributing assets, settling debts, and following the trust. Our trust administration attorneys at RMO can provide legal guidance for navigating these complex procedures.
Beneficiaries have specific rights to the assets outlined in a trust and can benefit from a trust administration attorney to help them understand and secure these rights. RMO Lawyers can help beneficiaries navigate detailed legal processes so they can obtain their rightful trust distribution.
Conservators and guardians may benefit from the support of a trust administration attorney when a conservatee or ward passes. RMO Lawyers can help conservators and guardians carry out their legal responsibilities for asset management and administration, as well as manage potential conflicts surrounding the estate.
Spouses have unique rights related to the trust and probate administration processes. Our team at RMO Lawyers will represent and support spouses to help them secure and understand their rights while resolving any potential disputes with other beneficiaries.
Answers to common questions about trust administration, helping you better understand your rights and the legal processes involved in protecting your interests.
While the steps vary by jurisdiction, administering a trust typically involves several basic steps, including:
In most cases, trustees are entitled to compensation for their services in administering a trust. The trust document typically outlines the trustee’s compensation, either specifying a fixed fee, a percentage of the trust assets, or a reasonable hourly rate for their time and effort. However, the terms of trustee compensation can vary depending on the specific provisions of the trust instrument and applicable laws in the jurisdiction.
The cost of trust administration in California and Texas can vary depending on several factors, including the complexity of the trust, the assets involved, the attorney or professional hired to administer the trust, and any potential disputes or litigation that may arise during the process.
Generally, trust administration costs include attorney fees, trustee fees, accounting fees, court fees, and any other miscellaneous expenses related to managing and distributing the trust assets
The best person to manage a trust (also known as the trustee) is someone who is trustworthy, organized, financially responsible, and capable of making impartial decisions. Trustees have a fiduciary duty to act in the best interests of the beneficiaries and comply with the terms of the trust and state laws.
Depending on the complexity of the trust, good trustee options include:
• A trusted family member or friend – Suitable for simpler trusts and situations with minimal conflict.
• A professional fiduciary – Licensed individuals (especially in California) who manage trusts professionally and understand legal and reporting requirements.
• A corporate trustee – A bank or trust company with resources to handle large or long-term trusts.
Trustees often work with trust administration attorneys to ensure they meet legal obligations, handle disputes properly, and avoid liability. In complex or high-value trusts, partnering with a qualified attorney can help the trustee navigate California or Texas trust law confidently.
In California and Texas, the trustee is the person or entity legally responsible for managing a trust. The trustee holds title to the trust assets and has a fiduciary duty to act in the best interests of the beneficiaries. This includes duties like safeguarding assets, making distributions, keeping accurate records, and providing accountings.
A trust administrator, on the other hand, is not a legal designation but typically refers to a professional who helps carry out the day-to-day administrative tasks of managing a trust. This can include preparing documents, tracking income and expenses, and assisting with tax filings. Trust administrators work under the direction of the trustee.
Trustees may also hire trust administration attorneys to guide them through legal responsibilities, ensure compliance with California or Texas law, and help avoid liability. While the trustee has ultimate authority, trust administration is often a team effort involving legal and financial professionals.
Filing a lawsuit against a trust in California or Texas typically involves bringing a legal claim in probate court against the trustee, not the trust itself. Trusts are legal arrangements, not legal entities, so any dispute must be directed at the person responsible for administering the trust.
Here are the general steps involved:
1. Consult a trust litigation attorney – They can assess the strength of your case and ensure it’s filed in the correct court under applicable state law.
2. File a petition or complaint – This may be done in probate court (common in California) or district court (in some Texas cases), depending on the nature of the dispute.
3. Notify all interested parties – Beneficiaries, co-trustees, and possibly heirs must be given legal notice.
4. Participate in court proceedings – The court may order mediation, require evidence, or hold hearings to resolve the issue.
Because trust litigation is complex and governed by specific procedures in both California and Texas, it’s essential to work with an experienced trust litigation attorney to protect your rights and navigate the process effectively.
Suing a trust can be more complex than filing a typical civil lawsuit because it involves unique legal procedures and is governed by probate laws in California and Texas. Rather than suing the trust directly, you generally must bring the lawsuit against the trustee, who is the legal representative of the trust.
Here’s why suing a trust can be more challenging:
1. Specialized legal rules – Trust disputes are often handled in probate court, which follows specific procedures that differ from standard civil courts.
2. Notice requirements – You must formally notify all interested parties, including beneficiaries and co-trustees.
3. Detailed documentation – Proving misconduct or breach of fiduciary duty often requires extensive financial records and legal evidence.
4. Short deadlines – Both California and Texas have strict timelines for contesting trusts or suing a trustee, especially after receiving a trustee notice.
Because of these complexities, working with a trust litigation attorney is crucial. They can help you determine if you have a valid claim, meet court requirements, and navigate the legal system efficiently.
Assets held in a trust can sometimes be seized, but it depends on the type of trust, the terms of the trust, and the legal circumstances involved. In California and Texas, the rules differ for revocable and irrevocable trusts, and for whether the trust is being pursued for the debts of the grantor, trustee, or beneficiary.
Here’s how seizure typically works:
1. Revocable Trusts – Since the grantor retains control, assets can generally be seized by creditors to satisfy the grantor’s debts.
2. Irrevocable Trusts – Assets are usually protected from the grantor’s creditors, but may still be vulnerable if a trustee or beneficiary commits fraud or owes child/spousal support.
3. Beneficiary Creditors – A beneficiary’s share may be subject to seizure once distributed, and in some cases, before distribution depending on the trust’s terms.
4. Court Orders – In litigation, courts can order seizure of trust assets if wrongdoing, mismanagement, or illegal transfers are proven.
Because trust laws are complex and vary between California and Texas, it’s best to consult a trust litigation attorney if you’re concerned about asset seizure or enforcement rights.
In most cases, beneficiaries are not personally liable for trust debts in California or Texas. The trust itself is responsible for paying off valid debts and expenses using trust assets before any distributions are made to beneficiaries.
However, there are important exceptions to be aware of:
1. Distributions before debts are paid – If a beneficiary receives a distribution and it turns out the trust had unpaid debts, they may be required to return part or all of that distribution.
2. Misconduct or fraud – A beneficiary who participates in fraud or wrongdoing involving trust assets could be held personally liable.
3. Inheritances used as collateral – If a beneficiary used their expected inheritance to secure a loan, creditors may pursue those funds once received.
Trustees are legally obligated to settle debts and liabilities before distributing assets. If you’re a beneficiary and unsure of your rights or obligations, a trust litigation or trust administration attorney in California or Texas can help you understand your legal position.
Yes, a trustee can go to jail for stealing from a trust. In both California and Texas, trustees have a fiduciary duty to act in the best interests of the beneficiaries. If a trustee misappropriates, embezzles, or otherwise intentionally misuses trust funds or assets, it may be considered a criminal offense, such as theft, fraud, or embezzlement.
Legal consequences for a trustee who steals from a trust can include:
1. Civil liability – The trustee may be ordered to repay stolen funds, pay damages, and cover attorney’s fees.
2. Removal from office – Courts can suspend or permanently remove a trustee who violates their duties.
3. Criminal prosecution – If the theft is proven, the trustee may face fines, restitution, and imprisonment.
4. Loss of professional licenses – If the trustee is an attorney, accountant, or fiduciary, they may lose their license or certification.
If you suspect a trustee is stealing or mismanaging trust assets, consult a trust litigation attorney in California or Texas right away. Taking timely legal action is key to protecting the trust and its beneficiaries.
Yes, creditors can go after a trust after the grantor’s death, but their ability to do so depends on the type of trust, state law, and the nature of the debt. In both California and Texas, creditors are generally allowed to seek repayment from trust assets, but certain protections may apply.
Here’s how it typically works:
1. Revocable trusts – After the grantor dies, a revocable trust becomes irrevocable. Creditors can make claims against the trust for debts the grantor owed at death, such as medical bills, credit card debt, or taxes.
2. Irrevocable trusts – Generally offer stronger protection, but creditors may still reach the trust if the grantor retained certain powers or transferred assets to avoid paying debts.
3. Time limits – Creditors must file claims within a specific time frame (usually 120–180 days after notice of the trust administration, depending on the state).
To protect trust assets and handle creditor claims properly, the trustee should work with a trust administration attorney in California or Texas. Mishandling claims or ignoring creditor rights can expose the trustee to personal liability.
In California and Texas, trust beneficiaries are the primary individuals who can sue for breach of trust if a trustee fails to uphold their fiduciary duties. This includes actions like mismanaging assets, failing to provide accountings, or making improper distributions.
Others who may have standing to sue include:
• Co-trustees – If one trustee believes another has acted improperly.
• Successor trustees – To recover damages from a previous trustee.
• Heirs – In some cases, if they were wrongfully excluded or the trust is believed to be invalid.
These lawsuits are typically filed in probate court and should be guided by an experienced trust litigation attorney to protect your rights and navigate complex state laws.
Yes, a house held in an irrevocable trust can be sold, but it depends on the terms of the trust and who has authority under the trust document. In both California and Texas, the trustee typically has the power to sell trust property—if the trust allows it.
In California and Texas, the primary party who can sue for breach of trust is a trust beneficiary. Beneficiaries can bring claims if a trustee mismanages assets, fails to follow the trust’s terms, or violates fiduciary duties.
Other parties who may also have standing include:
• Co-trustees – If another trustee acts improperly.
• Successor trustees – To recover losses caused by a former trustee.
• Heirs – In limited cases, if the trust is suspected to be invalid due to fraud or undue influence.
These claims are typically filed in probate court and are best handled with the help of a trust litigation attorney familiar with state trust laws.
The time it takes to sue a trustee depends on the complexity of the case, the court’s schedule, and whether the case settles or goes to trial. In California and Texas, trust litigation can take several months to over a year from filing to resolution.
A cause of action against a trustee arises when the trustee violates their legal duties under the trust. In both California and Texas, this is typically called a breach of fiduciary duty. It means the trustee failed to act in the best interests of the beneficiaries or did not follow the terms of the trust.
Common causes of action include:
• Mismanagement of trust assets
• Failure to provide required accountings
• Improper or unequal distributions
• Self-dealing or conflicts of interest
• Fraud or concealment
Beneficiaries can file a lawsuit in probate court. A trust litigation attorney can help evaluate the claim and protect your rights.
Insights and advice on trust accounting from our blog.
Key Takeaways Introduction Spousal lifetime access trusts and spousal lifetime access non-grantor trusts are two types of marital trusts, also known as spousal trusts. [...]
Key Takeaways Introduction Spousal lifetime access trusts and spousal lifetime access non-grantor trusts are two types of marital trusts, also known as spousal trusts. […]
Key Takeaways Introduction In a community property state like California, community property trusts can be a beneficial estate planning tool for married couples. These [...]
Key Takeaways Introduction In a community property state like California, community property trusts can be a beneficial estate planning tool for married couples. These […]
Executive Summary Introduction A trust is a fiduciary arrangement where the title of assets are placed under the control of a third party known [...]
Executive Summary Introduction A trust is a fiduciary arrangement where the title of assets are placed under the control of a third party known […]
Key Takeaways Introduction A successor trustee is an individual who takes over the administration of an estate from the originally identified trustee after they [...]
Key Takeaways Introduction A successor trustee is an individual who takes over the administration of an estate from the originally identified trustee after they […]
Key Takeaways Introduction A successor trustee is the individual first in line to take over the administration of a trust when the initial trustee [...]
Key Takeaways Introduction A successor trustee is the individual first in line to take over the administration of a trust when the initial trustee […]
When dealing with a trustee who won’t do their job, compelling them via court order has been the traditional route for recourse. But even [...]
When dealing with a trustee who won’t do their job, compelling them via court order has been the traditional route for recourse. But even […]
It is possible to inherit a family business. In fact, family businesses are often passed down from generation to generation through a will, a [...]
It is possible to inherit a family business. In fact, family businesses are often passed down from generation to generation through a will, a […]
Inheriting property can be a complex process, with numerous factors to consider. Before you decide whether to keep, donate, or sell your inherited property, [...]
Inheriting property can be a complex process, with numerous factors to consider. Before you decide whether to keep, donate, or sell your inherited property, […]
Whether you can sell stocks in a trust after death generally depends on the specific terms and conditions of the trust and the laws [...]
Whether you can sell stocks in a trust after death generally depends on the specific terms and conditions of the trust and the laws […]
A breach of fiduciary duty occurs when a “fiduciary,” such as the personal representative of an estate, a trustee, or a guardian, fails to [...]
A breach of fiduciary duty occurs when a “fiduciary,” such as the personal representative of an estate, a trustee, or a guardian, fails to […]
The term “residuary” refers to the “residue” of an estate or trust, which is all of the property that remains after the specific gifts [...]
The term “residuary” refers to the “residue” of an estate or trust, which is all of the property that remains after the specific gifts […]
An inheritance lawyer, also known as a probate or estate lawyer, is a state-licensed attorney who helps personal representatives and heirs of estates handle [...]
An inheritance lawyer, also known as a probate or estate lawyer, is a state-licensed attorney who helps personal representatives and heirs of estates handle […]
A member of the RMO Client Relations team will reach out to gather additional information concerning the parties to your case and schedule your consultation.
Please note that communications by you to RMO LLP or any of its lawyers through this website do not create an attorney-client relationship between you and the firm. Do not send any privileged or confidential information to the firm through this website or otherwise until instructed in writing from us to do so.
Help us to understand your needs
