Taking on the role of a trustee is a considerable responsibility. Not only are you in charge of the asset distribution process, but it is your job to carry out the final wishes of someone you care about. This can be an overwhelming and complicated process. If you have been appointed as a trustee, there are certain aspects of the role that you will need to understand, like knowing what a trustee cannot do in California. This will help you avoid certain pitfalls.

For further assistance, it is always a good idea to hire an Oceanside trust administration attorney.

What Is a Trustee?

Simply put, a trustee is an individual appointed through the will of a deceased individual to manage their estate once they have passed away. As a trustee, it is your responsibility to carry out the final wishes of the deceased with integrity, thoroughness, and wisdom.

The role includes both administrative and tactile responsibilities and can take some time, especially if the estate was not prepared properly prior to the owner’s passing.

It is perfectly normal to feel overwhelmed, and you may want to reach out to a local trust administration attorney for help. They will be able to guide you through the process with knowledge, experience, and compassion. It is better that you accept help than be an unfit trustee.

What Are the Responsibilities of a Trustee?

The building blocks of the trustee role in California can be broken down into these basic categories:

• Gather the assets: you will want to account for all of the assets listed in the will.
• Pay any unpaid debts, taxes, and bills
• Distribute the assets to the proper beneficiaries
• Manage any additional accounts

Trustees will be responsible for finding the beneficiaries and giving them whatever the will has determined they ought to receive. You need to remain loyal to the deceased and their final wishes, carrying them out with impartiality and without being motivated by personal gain. Avoiding conflicts of interest is also an important aspect of the process.

If you are worried that you are unable to do this, you should hire a trust administration lawyer right away, as they will be able to approach the distribution process with the required impartiality.

What Are Trustees Not Allowed to Do in California?

While trustees have a lot of responsibility relating to the distribution of the deceased’s estate, there are things that they are not legally permitted to do.

• You cannot use any assets in the trust for personal gain: you may be handling expensive properties and assets, but you may not claim or sell anything that has not been specifically left to you according to the will.
• You cannot use any of the trust’s assets for purposes that are unrelated to the trust.
• You cannot violate the wishes of the deceased.
• You cannot withhold assets or property due to conflicts of interest or any reason not outlined in the final wishes of the deceased.
• You cannot show bias toward any of the beneficiaries unless the deceased has explicitly stated that favoritism is warranted.

Integrity and an unbiased approach are two of the most important qualities a trustee must have to effectively and legally distribute the estate and its various assets. If you are overwhelmed or worried that you may become an unfit trustee, you can always reach out and consult with the team at Paul V.L. Campo, Attorney At Law.

There, you will find compassion, wisdom, and impartiality, as well as experience. Our lawyers will be happy to guide you every step of the way, eliminating confusion and helping you avoid certain pitfalls you may have otherwise missed.

Asset distribution can be a highly emotional process, so it is understandable that you may get swept up in the chaos of it all. As a trustee, however, you are legally obligated to remain unbiased and focus on carrying out the final wishes of the deceased. A trust administration lawyer can assist you in your endeavors and bring peace to an otherwise challenging situation.

FAQs

Q: How Much Does a Trust Administration Attorney Cost?

A: In the state of California, the final cost of a trust administration attorney varies. Several factors contribute to the overall price, such as what lawyer you choose, how long the process takes, and the level of complexity that comes with your unique case. The team at Paul V.L. Campo, Attorney At Law, is ready to help you pursue your desired outcome and make every minute and penny you spend worth it.

Q: What Are the Powers of a Trustee in California?

A: Californian trustees have the power to manage the trust’s assets, pay off any outstanding debts, distribute assets to all of the proper beneficiaries, initiate any necessary legal actions, and hire anyone as needed to help with the overall trustee responsibilities. If you are feeling overwhelmed by the role, you are legally allowed to hire a trust administration attorney to help you carry out the responsibilities.

Q: Can a Trustee Also Be a Beneficiary in California?

A: It is perfectly legal for a trustee to also be a beneficiary in the state of California so long as they regularly put their trustee role first. If you are able to remain efficient and unbiased in how you carry out your trustee responsibilities, this should not be a problem.

Q: What Makes a Trustee Unfit in California?

A:  There are several reasons why a trustee can be considered unfit for the role in the state of California. Here are a few of the more common examples:

• Failing to comply with the terms of the trust
• Mismanaging or neglecting the trust assets
• Abusing the role through self-dealing
• Being hostile toward other trustees or beneficiaries

Get More Information

The role of trustee is a very important one, and, at times, it can be exceptionally difficult. If you are struggling in your role as a trustee or suspect that a trustee is unfit to take on the responsibilities that come with the role, the team at Paul V.L. Campo, Attorney At Law, is ready to help you. Contact us today for a consultation.