Estate Planning

Trust Administration.

Simpler than probate, but a trustee still has real duties and real liability. We keep trust administration compliant, efficient, and dispute-free.

In short Trust administration is the work of carrying out a trust after the person who created it dies or becomes incapacitated. It is far simpler than probate, but a successor trustee still has real legal duties, and personal liability for getting them wrong. We represent trustees and fiduciaries of every kind of trust to keep administration compliant and dispute-free.

At Tresp, Day & Associates, Inc., our trust administration attorneys administer your trust efficiently and expeditiously. We represent trustees and fiduciaries of all types of trusts to ensure legal compliance and dispute-free administration. If you are serving as the successor trustee for someone else’s trust, you should seek legal advice to be sure you meet all of your fiduciary obligations and avoid personal liability.

While trust administration is much easier and less time-consuming than probate, there are still legal obligations that arise when someone who has a trust passes away. Some estates are complex because of the number of assets, their taxable status, or beneficiary circumstances. Our experienced, nationally recognized trust attorneys provide the personal care and individual attention you need when preparing or administering a trust.

Trust distributions

We assist you in determining the correct form and timing for making distributions according to the terms of a trust. For example, where the deceased has a surviving spouse, the trust might call for all income to be paid to the spouse and principal only in certain circumstances; when the surviving spouse passes, the remaining principal is distributed to children or other named beneficiaries. A trust may also require a “trust split” into an “A” trust and “B” trust. Trusts usually include instructions on how to divide assets among beneficiaries, whether each asset must be split equally, whether equalizing distributions can be made when one beneficiary wants a specific asset such as a house, and how tax considerations like property-tax reassessment exemptions apply. Experienced counsel can advise you, the successor trustee, on making distributions according to the deceased’s wishes and the trust’s terms.

Fiduciary functions

If you are named successor trustee, you owe fiduciary duties to all of the trust’s beneficiaries, for instance, you may be required to provide a tax statement to every beneficiary each year. As a fiduciary, you can be held personally responsible for interest or penalties for failing to file a tax return, or for other lapses in your responsibilities. We advise you on your exact obligations and make sure you are meeting all of them.

Principal & income

Trusts often distinguish between principal and income distributions. Many distribute income to a particular person at one time and principal to that same person, or a different person, at another specified time. Our attorneys help you determine which types of trust assets may be distributed to which beneficiaries.

Administering a trust once terminated

A trust typically terminates when a beneficiary passes, reaches a specified age, or a predetermined date is reached. In some states, a petition must be filed in court before distributions to beneficiaries begin. We strongly recommend having all beneficiaries sign and acknowledge receipt of the assets distributed to them, even where a court does not require it.

If your family needs a trust for your estate, or you have an existing trust that needs administration, our attorneys are ready to work closely with you through this complex and often stressful process. This work goes hand in hand with estate planning and, where appropriate, ongoing estate-plan maintenance.

To discuss your situation with our attorneys, call (858) 755-6672 or request a consultation.

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Common questions

Frequently asked

What does a trustee actually have to do?

A successor trustee must locate and value trust assets, notify beneficiaries and (in many states) heirs, pay the decedent's debts and taxes, keep the trust's accounts, file required tax returns, and distribute assets according to the trust's terms. Each of these carries fiduciary duties, and a trustee can be personally liable for mistakes. We guide trustees through the process to keep it compliant and dispute-free.

Is trust administration the same as probate?

No. A properly funded trust generally avoids probate, which makes administration faster, more private, and less costly. But administration still involves real legal obligations, notices, accountings, tax filings, and distributions, that must be handled correctly. That is what our trust administration attorneys help with.

This overview is general information, not legal or tax advice, and does not create an attorney-client relationship?

This overview is general information, not legal or tax advice, and does not create an attorney-client relationship. Every situation is different and the law changes; consult a qualified attorney about your circumstances.

This website is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Every situation is different; please consult a qualified attorney about your specific circumstances.

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