Trustee Laywers

**How to perform Your Duties as the Trustee of a Trust**

A trustee’s job is complex, being a trustee is a lot of work, has many responsibilities,  and there is a lot of potential for mistakes. Whether you are serving as the trustee of a trust with a living grantor (person who created the trust and placed the property into the trust), or you are a successor trustee taking over for a deceased grantor, our trustee lawyers can serve as your advisors,

**What if the Terms of a Trust are Clear?**

A trustee’s job is complicated. There is a lot to think about, a lot of work to do, and a lot of pressure to avoid mistakes. Whether you are the trustee of a trust with a living Settlor, or you are a successor trustee taking over for a deceased Settlor, our trustee attorneys can serve as your guides.

**What do I if the Grantor gave a Large Share of Their Trust to a Stranger?**

A trustee’s job is challenging. There is a lot to think about, a lot of work to do and a lot of possible mistakes. If you are the trustee of a trust with a living grantor, or you are a successor trustee taking over for a deceased grantor, our trustee attorneys can serve as your first resource.

**What can the Trustee Do if the Decedent’s Trust Conflicts With Their Will?**

As part of the administration process, estate property must pass through probate.  However, trust property is exempt from probate because trusts are separate enties from the deceased. This explains  why trusts incur their own expenses and debts.

A trustee should be careful when trying to sell certain pieces of property, such as the decedent’s home, if it is listed on the trust instrument as an asset of the trust, even though the grantor failed to transfer that property into the trust before they died.

The property may default to being held by the estate. Another possibility  that a certain asset is listed both on the trust document as well as on the will. Which would control the property?: the trust or the estate?

**How to prevent Trustee Misconduct?**

If a trustee breaches their duties, the consequences can be severe. Even if damages are brought upon the trust as a result of trustee acting improperly or completely failing to act, a trustee may be responsible for paying all damages themselves. Additionally, a trustee may suspended and/or removed and be ordered to pay the opposing party’s attorney’s fees and litigation costs.

**What is Trustee Misconduct?**

A trustee who breaches their duties may face can be dire consequences. It does not matter whether damages to the trust stem from the trustees misconduct or failure to act,  the trustee could be ordered to pay for those damages. Furthermore, a Trustee may be suspended or removed as a result of their misconduct and subsequently ordered to pay the opposing party’s attorney’s fees and costs.

**How Our Trustee Services Can Help You**

Trustee attorneys can help you navigate the  administration process with ease. With the assistance of  skilled trustee lawyer on your side, a trustee is assured they are working towards properly meeting their responsibilities and obligations. The Trustee is also assured any disputes that may arise will be efficiently and effectively handled.

Even if you have previous experience serving as a trustee, hiring a trustee attorney to assist you with trust matters is never a bad investment. Trust litigation and administration are two of Bassin Law’s primary practice areas, its trustee attorneys are  well-versed in all matters relating to trusts and are prepared to assist trustees with their duties and help simplify the trust or estate  administration process.

** Can Trustees Refuse Their Appointment or Resign After Administration Has Started?**

Trustees of trusts have the power to decline their appointment or resign after starting the administration process. Declining an appointment usually only requires written notification. Resigning from the role, however, can be more complicated and may require the help of a trustee attorney.

The first step of the resignation process entails examining the trust instrument to determine whether the trustor had named a successor trustee or established a procedure for appointing a new trustee. If the trustor did not include this information in the trust’s terms, it will likely be up to the trustee and/or the trust’s beneficiaries to appoint a successor trustee. The trustee of the trust may also have to seek approval from the court in order to resign.

Before the trustee of a trust resigns, they should prepare a final accounting to provide to both the successor trustee and the trust beneficiaries to make the transition more seamless for both parties.

**What Are Some Examples of Trustee Misconduct?**

When trustees breach their duties, the consequences can be dire. Regardless of whether damage is brought upon the trust as a result of trustees acting improperly or altogether failing to act, trustees could be held responsible for paying damages out of their own pockets. They may also be suspended or removed and be held liable for paying the opposing party’s attorney’s fees and costs.

Trustee misconduct can include:

Failing to keep trust beneficiaries reasonably informed during the administration process

Withholding distributions to beneficiaries without having proper cause to do so

Failing to pay the trust’s taxes, creditors or other expenses

Mismanaging or misappropriating trust property

Failing to remain impartial; favoring certain beneficiaries’ interests over the interests of other beneficiaries

Before the trustee of a trust resigns, they should prepare a final accounting to provide to both the successor trustee and the trust beneficiaries to make the transition more seamless for both parties.

**How Can Bassin Law’s Trustee Lawyers Help You?**

A trustee has many  responsibilities and obligations. One mistake can complicate the entire administration process. Therefore, it is crucial that  trustees remain well-informed about their responsibilities and the potential risks they may be facing.

A Trustee attorney is an excellent resource for  trustees of trusts wishing to make the administration process simple and easy. With the help of skilled trustee lawyers, trustees can rest assured their responsibilities and obligations will be met, and any disputes that arise will be efficiently handled.

Bassin Law offers a comprehensive selection of trustee services, including:

Counseling trustees throughout the administration process

Reviewing and/or preparing accountings

Verifying the validity creditor claims

Litigating on behalf of trustees

Defending litigation brought against trustees

Making disbursements to beneficiaries as stated in the terms of the trust

No matter your trustee experience, hiring a trustee attorney to assist you with trust matters is never a bad investment.

The best way for you to start navigating the process of becoming a trustee of a trust is by consulting with a trustee attorney. Bassin Law can provide key guidance and support throughout your entire term as a trustee.

A Trustee attorneys  available to answer any questions you may have about the duties and responsibilities of being a trustee, including how to fulfill your duties in difficult situations such as disputes over the administration process or claims against trustees.

A trustee attorney can advise you whether defending a trust contest is legally and/ economically advisable and if so how to proceed with the case in the best manner.

A Trustee attorneys can help with:

Defending a trust contest on behalf of the trust

Determining whether or not to participate in the trust contest

Consult with Bassin Law today to learn more about their trustee services and how they can help you fulfill your duties as the trustee of a trust.”

Here is a rewritten version of the text preserving the headings and paragraph structure:

**How Trustee Lawyers Can Help You**

A trustee’s job comes with numerous responsibilities and obligations. One misstep can derail the entire administration process, so it is crucial for trustees to remain well-informed about what is required of them.

**Why Hire a Trustee Attorney?**

Trustee attorneys are an excellent resource for trustees of trusts wishing to sail through the administration process without complications. With their help, trustees can rest assured that their responsibilities and obligations will be met, and disputes that arise will be efficiently handled.

**What to do if I am appointed  Trustee of a Trust?**

Getting started as a trustee can be challenging. There are many tasks you must complete. Where do you begin? Can you get help from professionals? What if you don’t understand the terms of the trust?

What are Trustee Attorney’s Role and Services?

A trustee attorney can assist with various aspects of trust administration, including:

Counseling trustees during the administration process

Checking and/or preparing accountings

 Verifying whether creditor claims are valid

Litigating on behalf of trustees

 Defending litigation brought against trustees

Making disbursements to beneficiaries according to the terms of the trust

**What Is the Role of a Trustee in a trust Dispute?**

Trustees are required to act as fiduciaries. Put simply, their decisions in trust-related matters must align with the beneficiaries’ best interests. Trustees should not participate in a dispute  if the trust beneficiaries’ interests are at stake.

**When should a  Trustees Should Get Involved in a dispute**

If a claim is brought against the trust  or if a beneficiary may have committed fraud to secure an increased share of the trust, trustees should consider getting involved. These kinds of cases include third parties  making illegitimate claims on trust property. Additionally, trustees should get involvde if the beneficiaries are suing the trustee for mismanaging the trust assets.

**What is a Trustee Attorneys’ Role in a trust Dispute**

The trustees’ attorneys will help the trustees decide if they want to peronally involve themselves in disputes and bring cases to a favorable resolution. An attorney may also help  defend against a trust contest and/or help to determe the if the client should be personally represented in a trust trust contests.

**What Should a Trustee Do If Someone Brings a Trust Contest?**

 To defend a trust against a contest, as trustee should consult with an attorney before moving forward. A trustee attorney can help determine if litigating is  advisable for the trustee and whether litigation would be in the interest of the beneficiaries.

**What to do if a is Beneficiary Trying to Have You Suspended or Removed as Trustee?**

If a beneficiary suspects trustee misconduct, they are entitled to petition the court to have the trustee suspended or removed and surcharged. A trustee attorney can assist with suspending, removing or surcharging the Trustee. A trustee attorney will ensure that the trustee is held accountable, that any potential liability is brought to the court, and damages are minimized.

**Trustee Lawyers can Protect You and Your Beneficiaries**

With a trustee lawyer on their side, trustees will not have to worry about making mistakes. Even a trustee makes an errors, a trustee attorney can ensure that the consequences of those actions are minimal.