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If the estate plan incorporating a trust is set up correctly, then on the death of your loved one (the decedent) there are no assets that have to be transferred pursuant to a probate proceeding. However, that does not mean there is nothing to do. In fact, the trustee has many responsibilities. An experienced trust attorney can ensure that you as a trustee or beneficiary understand your responsibilities and know your rights; contact Matthew A. Linde, P.A. today for more information.

Your loved one (the decedent) has died and you find out that you are a trustee or beneficiary of the decedent’s trust estate.  All assets are held within the trust and no probate is necessary.  Does that mean there is nothing to do?  The answer is no.  The initial steps of a trust administration are different than a probate administration in several ways. 
First, unlike a probate administration, a trust administration is not normally supervised by the court.  Thus, unless someone invokes the circuit court’s jurisdiction by filing a complaint, the trust administration proceeds without court involvement.  This can be good or bad.  It is good if the trustee has competent legal advice because court involvement increases the cost.  However, if the trustee does not have competent legal advice, then months can go by before anyone ever discovers a problem.  

Initial actions of a trust administration involve determining whether the successor trustee wants or can handle the job.  Becoming a trustee is not something to take lightly.  For example, the trustee has a duty to (1) administer the trust in good faith according to its terms; (2) to be equally loyal to all trust beneficiaries, (3) to keep and render trust accounts and to furnish specified information to the beneficiaries; (4) to manage the trust assets as a prudent person would.  This is only a partial list, and experienced counsel is essential.  Contact Matthew A. Linde, P.A. today for more information.      

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