Trust Administration Attorney Serving San Jose & Santa Clara County, CA

At the Law Offices of Berge & Berge, our California attorneys are experienced in the use of trusts in estate planning. While many believe that a Last Will and Testament is the operative document in estate planning, this is often not the case. Today, many times a trust is at the center of the plan. Our attorneys not only create trusts for our clients, but also assist in their administration.

At its simplest form, a trust is a legal relationship where one party holds the property for another. Trusts are utilized for various reasons and by people in all walks of life. There are many different types of trusts and they can be created to meet almost any specific situation. Usually in estate planning the one doing the planning, known as the grantor, creates the trust and manages it during their life as trustee, sometimes along with a co-trustee. When the grantor passes away, the former co-trustee or other appointed trustee takes over and administers the trust.  

The attorneys at the Law Offices of Berge & Berge assist in trust administration before and after the grantors death. While the grantor is alive, we assist in managing the trust. Once the trust is created, we advise on other assets that should be added as well as those that may need to be taken out. There is a lot of intricate work that goes into adding and subtracting property in relation to a trust and it is best to have a skilled attorney to handle these matters so that everything goes smoothly upon the grantors death. We also advise our clients on how to receive the best return from a trust, sometimes with the help of investment advisers, and represent clients in any and all trust related transactions.

Although trusts require some management while the grantor is alive, the bulk of trust administration takes place after his or her death. It is of the utmost importance to administer a trust in accord with the wishes of the grantor. Therefore, our attorneys work with the trustee to achieve this goal in every situation.

Specifically, we can assist in notifying the appropriate institutions and getting the trustee authorized to act by handling the necessary paperwork. We will then identify and notify the beneficiaries of the trust and catalog all of the trust property. Our attorneys represent the trustee with regard to the distribution of property, either immediately or in the future. Some trust assets need to be managed for a period of time before being distributed or need to be gradually distributed over a period of time. Our attorneys advise clients on the sound management of this property. Each trust has different requirements and it is therefore imperative that the trustee consult with an attorney on these matters. When dealing with the distribution of assets, there are bound to be some conflicts. Any trustee will benefit from the advice of an attorney veteran in dealing with disgruntled beneficiaries or other parties.

Depending on the nature of the trust, a trustee could be responsible for large amounts of assets over a long period of time. The trustee is a fiduciary and is bound by certain standards of conduct. Our attorneys assist trustee clients in doing his or her due diligence so that he or she is not found to be liable for any misconduct.  

Contact An Experienced Trust Administration Attorney in Santa Clara County, CA 

If you have an estate planning or other matter that includes trust administration, the San Jose and Santa Clara, County attorneys at the Law Offices of Berge & Berge can help. Contact us online call us at (408) 985-9918 for a consultation today.

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