Legal Question in Wills and Trusts in California

Hello - I'm trustee on my deceased parents trust which states that 'trustee powers include right to sell properties'. An attorney told me that a trust administrator had to sell the property since my mom recently died. Trust, myself and parents all in California.

Do I need an administrator or not? Thank you for any help ! JS


Asked on 8/01/14, 7:42 am

3 Answers from Attorneys

Neal Rimer Neal M. Rimer, Esquire

I doubt you need an administrator. Normally the Trustee is authorized, as you stated.

The issues of your responsibilities and your obligations are dependent on both the probate code as well as the terms of the trust.

I suggest you retain the services of an attorney to assist you with your administrative responsibilities and help you do your job right.

Have you sent out notices to the beneficiaries? That is one of your jobs. Have you started an accounting of the assets and liabilities? Have you started to account for the income and expenses? Have you notified the insurance carriers of your role as trustee? Have you recorded with the county recorder the affidavit change of trustee? Have you notified the assessors office of the death(s)?

You have work to do as the trustee. Having a good attorney assisting you with your work will allow you to do your job without having liability and subjecting yourself or the trust to litigation.

As the Trustee, I'm pretty sure that the trust terms and conditions allow you to retain an attorney to represent you at the trust expense.

Be prudent and retain an attorney now.

Your obligation to give notice to the beneficiaries is 60 days from the date of death.

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Answered on 8/01/14, 7:58 am
Anthony Roach Law Office of Anthony A. Roach

Without knowing the terms of the trust, if you are the named trustee, then you should have the power and not need an administrator.

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Answered on 8/01/14, 8:09 am
Michele Cusack Pollak & Cusack

The trustee is the administrator of the trust. If the attorney was taking about an administrator of an estate, perhaps the property is not in the trust?

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Answered on 8/01/14, 10:08 am


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