Legal Question in Wills and Trusts in California
As executor of my Mom's trust, what forms will need to be filed? Can I do this on my own, or must I hire a lawyer?
2 Answers from Attorneys
First, an Executor is a title used in a Probate. Since your Mom had a trust, you are the Trustee. There are many things that need to be done as a Trustee following your Mom's death. They include, obtaining a Tax ID for the trust, accounting for all assets, paying all bills and then making distributions called for in the trust. Beneficiaries are entitled to a copy of the trust and certain notices. Depending on the size of the trust, I would think that it would be a good idea to work with both an attorney and an accountant to make sure everything is done properly. As a trustee, you could be personally liable for breaches of your fiduciary duties.
Mr. Feldman is correct in his brief overview of the responsibilities of the Trustee. Although it may sound fairly straight forward, there are a fair amount of items that have to be taken care of, including the filing and serving of various notices. It is highly recommended to work with an attorney and CPA because the liability exposure is not worth the risk. Our office handles only estate planning, estate administration and probate matters. We are located near you and would be happy to provide you with a free 30 min consultation to see whether you would like to retain our office to assist you in this important matter.
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