Trust Administration
Serving as trustee is a serious responsibility with significant legal obligations. Whether you are a newly appointed successor trustee or managing an ongoing trust, our experienced attorneys provide the guidance you need to fulfill your duties properly and protect yourself from liability.
Expert Guidance for Trustees
Trust administration involves complex legal, tax, and investment considerations. At Texas Estate Attorneys, we help trustees navigate their fiduciary responsibilities with confidence. From initial steps after a grantor's death through ongoing management and ultimate distribution, we provide the support trustees need at every stage.
“What sets Texas Estate Attorneys apart is our personalized approach to legal representation. We understand that every case is unique, and we take the time to understand your specific needs and goals.”
Matthew Sanderson
Founding Attorney
Protecting Trustees and Beneficiaries
Fiduciary Duty Support
Trustees who fail to properly administer trusts face personal liability. We help trustees understand their obligations, make sound decisions, document their actions, and communicate effectively with beneficiaries. Our goal is to protect trustees while ensuring beneficiaries receive their proper entitlements.
Trust Administration
Trustee Guidance
Serving as trustee carries significant legal responsibilities. We provide comprehensive guidance on fiduciary duties, help trustees understand their obligations, and ensure proper compliance with trust terms and applicable law. Protect yourself from personal liability.
Trust Funding & Transfers
Proper trust funding is essential for trust effectiveness. We help trustees confirm that all assets are properly titled, transfer additional assets into the trust, and retitle assets received after the grantor's death.
Trust Tax Compliance
Trusts have unique tax requirements including income tax returns, estate tax filings, and generation-skipping transfer tax considerations. We coordinate with CPAs to ensure all tax obligations are met and tax-efficient decisions are made.
Beneficiary Distributions
Determining when and how to make distributions requires careful analysis of trust terms and beneficiary needs. We help trustees interpret distribution standards, document decisions, and make defensible distribution choices.
Trust Accounting
Trustees must maintain accurate records and provide accountings to beneficiaries. We help trustees implement proper accounting systems, prepare formal accountings, and communicate effectively with beneficiaries.
Trust Litigation Defense
When beneficiaries challenge trustee decisions, trustees need experienced representation. We defend trustees against breach of fiduciary duty claims, contest challenges, and beneficiary disputes.
Ongoing Trust Management
Many trusts continue for years or generations. We provide ongoing guidance for long-term trust administration, helping trustees navigate changing circumstances, investment decisions, and evolving beneficiary needs.
Trust Termination
When a trust reaches its end, proper termination procedures ensure final distributions are made correctly and trustees are protected from future claims. We guide trustees through the termination process and final accountings.
Trust Modification
Sometimes trusts need to be modified due to changed circumstances, tax law changes, or ambiguous terms. We help trustees and beneficiaries pursue trust modifications, decanting, or judicial reformation when appropriate.
Frequently Asked Questions
Trust administration is the process of managing a trust according to its terms and applicable law. It includes managing trust assets, keeping records, filing taxes, communicating with beneficiaries, and making distributions. Administration begins when the trust becomes irrevocable, typically upon the grantor's death or incapacity.
Trustees owe beneficiaries duties of loyalty, impartiality, prudent investment, and proper administration. They must act in beneficiaries' best interests, not their own. Trustees must keep accurate records, provide accountings, follow the trust terms, and exercise reasonable care. Breach of these duties can result in personal liability.
While not legally required, trustees should strongly consider working with an attorney, especially for complex trusts. Trustees face personal liability for mistakes, and trust administration involves legal, tax, and investment complexities. An experienced attorney helps protect both the trustee and beneficiaries.
Administration timeline depends on trust complexity, asset types, and whether ongoing administration is required. Simple trusts may be distributed within months; trusts that continue for beneficiaries' lifetimes require ongoing administration. Trusts avoiding probate are typically faster than probate estates.
Yes, beneficiaries can sue trustees for breach of fiduciary duty. Common claims include self-dealing, imprudent investments, failure to distribute, inadequate record-keeping, and favoritism. Proper administration with legal guidance helps trustees avoid liability and defend against unfounded claims.
Get Trustee Guidance Today
Every case is different. Past results do not guarantee future outcomes.