A very common scenario plays out time and time again: A parent or loved one, years ago, planning ahead (which in and of its self, is something almost 70% of American’s do not do), created a Revocable Living Trust. The Trust book was then placed on the shelf and has collected dust during the past 10+ years, having never been updated nor properly funded. I have been named as the “Trustee”, what do I do now?

First of all, let me tell you, although serving as a Trustee can be very rewarding it can also be a thankless job, as you will most likely be very under appreciated by the beneficiaries you are serving. Secondly, also recommend that you get help and get it quickly, as there are many important things that must be done to properly administer the Trust.

A common misconception in creating a Trust is that once it is created, the Trustmaker has done his or her part and is done. Additionally, many incorrectly assume that the Trust is a “magic” book that will do all the work of the administration without the need for proper legal counsel and advise. Being a Trustee of a Trust, however, is a lot of work. You are a fiduciary, which means you will be held to a higher standard of care than a normal person would be in dealing with his or her own assets, as you are managing someone else’s assets, and are to follow his or her instructions as to how such assets are to be used and distributed.

There are many tasks, duties, responsibilities, complexities and pitfalls that a Trustee should know while administering a Trust. It would be impossible to list and outline all such items in a short article, so the following are merely examples of things to be aware of and not meant to be an all inclusive list of tasks or concerns:

The administrative tasks referenced above are by no means a complete list of all the duties and responsibilities that you now have as the Trustee. Nor does it infer that there will not be problems that you will need to resolve within the family. Lastly, my best advice to you is to make sure you properly communicate with the other beneficiaries. Make sure you periodically inform them as to the status of the administration, answer questions, and seek their advice when appropriate.

If you have any questions regarding Trust administration or family based estate planning or any other legal issues, please do not hesitate to call the attorneys at Rowley, Chapman & Barney, Ltd. (480) 833-1113. Kenneth C. Barney is an estate planning attorney and partner with the law firm of Rowley, Chapman & Barney, Ltd.

Attorney Profile: Kenneth C. Barney, Estate Planning

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