If you’ve been named a trustee in California, you may be wondering what your responsibilities are—and whether you need help managing them. Trust administration can be a complex process, especially when there are legal, tax, or family issues involved. That’s where a trust administration attorney comes in.
This article explains what a trust administration attorney does, why their role matters, and how the Law Offices of David Knecht can guide you through the process with confidence and care.
Understanding Trust Administration
When someone creates a revocable living trust, they typically serve as their own trustee during their lifetime. But when they pass away—or become incapacitated—a successor trustee takes over and the trust becomes irrevocable. At that point, trust administration begins.
This is the legal and financial process of carrying out the terms of the trust, including managing and distributing trust assets. In California, trust administration must comply with specific requirements under the Probate Code, even though it usually avoids probate court.
If you’re looking to change a trust during someone’s lifetime, that falls under trust modification, not administration.
What Does a Trust Administration Attorney Help With?
A trust administration attorney helps trustees follow the law, fulfill their fiduciary duties, and avoid costly mistakes. Here are some of the ways they assist:
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Explaining the trustee’s legal responsibilities
Trustees are fiduciaries, which means they must act in the best interest of the beneficiaries. A lawyer helps explain what this means in practical terms. -
Preparing and sending legal notices
California law requires trustees to notify beneficiaries and heirs when a trust becomes irrevocable (Probate Code § 16061.7). An attorney can draft and send these notices properly and on time. -
Reviewing and interpreting the trust document
Trusts can be complicated. A trust administration lawyer helps interpret unclear language and resolves questions about how assets should be distributed. -
Handling creditor claims and debts
Before distributing assets, the trustee must deal with debts, taxes, and any valid claims against the estate. A lawyer can help evaluate and handle these claims lawfully. -
Assisting with asset management and transfers
The attorney helps identify trust assets, appraise property, manage real estate, and prepare documents needed to transfer assets to beneficiaries. -
Preparing trust accountings
Trustees are often required to provide beneficiaries with an accounting. A lawyer can help prepare or review these accountings for accuracy and legal compliance. -
Managing disputes or litigation
If beneficiaries disagree or legal challenges arise, a trust attorney can represent the trustee and help resolve the conflict—sometimes avoiding full litigation.
Trust Directors and California’s Uniform Directed Trust Act
Under California’s Uniform Directed Trust Act (Probate Code §§ 16600–16632), which became effective in 2022, a trust can formally appoint an advisor as a “trust director.” This person—such as a lawyer, CPA, or investment advisor—can be granted authority over specific aspects of the trust, like managing assets or approving distributions.
Trustees who act on the directions of a trust director are generally not liable for those decisions, which can reduce personal risk and allow more tailored, expert-driven trust administration.
For more on how trust documents can delegate control to advisors, see this article by Dennis Fordham on Lake County News.
Do You Always Need a Trust Attorney?
Not necessarily—but in most cases, yes. Even if the trust appears simple, the legal and tax obligations can be complex. A trust administration attorney is especially helpful when:
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The trust holds significant or complex assets (like real estate or business interests)
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There are multiple or contentious beneficiaries
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The trust language is unclear or outdated
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You’re concerned about liability or accusations of wrongdoing
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There are unpaid debts, tax issues, or creditor claims
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A co-trustee or former trustee is involved
Even experienced professionals seek legal help when serving as trustee—because the consequences of a mistake can be serious.
Trustee Mistakes Can Be Costly
Failing to follow trust terms, mismanaging assets, or distributing funds too early can lead to lawsuits or personal liability for the trustee. A trust attorney helps protect you by:
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Keeping you compliant with California law
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Making sure taxes and debts are properly handled
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Helping you avoid missteps that could lead to delays, disputes, or court involvement
Think of it as insurance for one of the most important legal roles you may ever have.
How the Law Offices of David Knecht Can Help
At the Law Offices of David Knecht, we bring professionalism, clarity, and compassion to every trust administration case. Whether you’re serving as trustee for the first time or have questions about a trust you’re involved in, we’re here to help. Being a trustee is an honor—but it’s also a legal obligation. You don’t have to do it alone. A trust administration attorney can help you manage the process smoothly, protect your interests, and ensure the trustor’s wishes are honored. If you’ve been named trustee and need experiences guidance, contact the Law Offices of David Knecht today at (707) 451-4502 to schedule a consultation.
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