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TRUST ADMINISTRATION
                                                     & LITIGATION

Call (626)391-8277 or click here to schedule a consultation.

WHAT IS TRUST ADMINISTRATION?

It is the job Successor Trustee to administer the trust.  This means the Successor Trustee must collect the trust assets, maintain them, provide accountings, and distribute them to the appropriate beneficiary according to the terms of the trust and the applicable law.

However, if there were assets left outside of the trust, depending on their value, part of the trust administration may also involve probate.

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The INITIAL TRUST ADMINISTRATION CONSULATION is free.

However, if you chose to hire

the Law Office of Brianna J. Giliberto-Hermann

you will be required to provide a retainer.

OFFERING ASSISTANCE TO SUCCESSOR TRUSTEES

If you are a Successor Trustee in need of assistance with administering the trust after the loss of a loved one, you are welcome to set up a free consultation.

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WHAT IS A HEGGSTAD PETITION?

A Heggstad Petition transfers the descent's property into the trust because there is evidence that the settlor intended it to be transferred to become an asset of the trust, but it was not for some reason during the settlor's lifetime.  If successful, the court will confirm the asset as part of the trust which will allow the trustee to distribute it according to the terms of the trust.

FIDUCIARY DUTIES THAT TRUSTEES OWE BENEFICIARIES

Additionally, Successor Trustees must:​

  • Avoid Conflicts of Interest

  • Disclosure Material Facts to Beneficiaries

  • Provide Accounting

  • Not to Delegate Reasonable Tasks (does not prohibit hiring an attorney to assist with the trust administration)

  • Keep Trust Assets Separate

  • Enforce or Defend Claims on behalf of the trust

Successor Trustees must not act in a way that would jeopardize the trust or any beneficiary. 

This requires Successor Trustees to act with:

  • Loyalty​

  • Impartiality

A Successor Trustee's failure to reasonably act and uphold the duties owed to a beneficiary can open themselves up to personal liability.

Being a Successor Trustee is an important job with which you were entrusted, whether or not you wanted it.  It can be stressful especially after the loss of a loved one, but you're not alone if you would like assistance.

ARE YOU A FRUSTRATED BENEFICIARY?

If a Successor Trustee is failing to do their job correctly or at all, then as a beneficiary, you may have legal recourse.

The Law Office of Brianna J. Giliberto-Hermann is available to assist clients in

Trust Administration and Litigation.

Free 30-Minute Case Assessment