Helping Trustees and Families Administer Trusts After a Death
When a loved one dies with assets held in a trust, probate may not be necessary—but there is still work to be done.
A successor trustee has important legal responsibilities, including identifying and protecting trust assets, providing required notices, addressing debts and taxes, keeping beneficiaries informed, and ultimately distributing the trust property.
Andrew Downs Law, LLC helps trustees and families navigate the trust administration process from beginning to end.
How We Help With Trust Administration
Trust Assets & Property
We assist with identifying trust assets, reviewing how property is titled, addressing real estate and financial accounts, and determining what needs to be transferred or distributed.
Guidance for Successor Trustees
Serving as trustee can be overwhelming, particularly when you are also dealing with the loss of a family member. We help trustees understand their responsibilities and guide them through each stage of the administration.
Probate & Trust Coordination
Some estates involve both trust administration and probate. We help determine which process applies to each asset and coordinate both proceedings when necessary, providing one point of contact for administering the estate and trust.
Beneficiaries & Distributions
Trustees have legal duties to the beneficiaries. We help trustees provide appropriate information, document decisions, make distributions, and properly complete the administration.
What Happens After the Person Who Created a Trust Dies?
A revocable living trust generally becomes irrevocable when the person who created the trust dies. The successor trustee then takes responsibility for administering the trust according to its terms and Oregon law. A typical trust administration may include:
Reviewing the trust and related estate planning documents.
Confirming the successor trustee's authority.
Identifying and securing trust assets.
Determining whether assets were properly titled in the trust.
Providing appropriate notices to beneficiaries and other interested persons.
Obtaining necessary tax identification numbers.
Addressing debts, expenses, and creditor issues.
Obtaining information concerning the value of trust assets.
Addressing income and estate tax issues.
Preparing an accounting when appropriate.
Making distributions to beneficiaries.
Closing the administration and maintaining appropriate records.
The exact process depends on the trust, the assets involved, and the circumstances of the family.
Does a Trust Avoid Probate?
Often, but not always. Assets properly titled in a revocable living trust generally can be administered without probate. Other assets may pass outside probate because they have a surviving joint owner or designated beneficiary. However, simply having a trust does not guarantee that probate will be unnecessary. If property was left outside the trust without another method of transferring it at death, a probate proceeding or another estate procedure may still be necessary.
We can review the trust, ownership of the assets, and other estate planning documents to determine what legal process applies.
What Are a Trustee's Responsibilities?
A trustee is a fiduciary. That means the trustee is responsible for administering the trust for the benefit of the beneficiaries and according to the terms of the trust and applicable law.
Depending on the circumstances, a trustee's responsibilities may include:
Protecting and managing trust property
Keeping appropriate records
Communicating with beneficiaries
Following the terms of the trust
Paying legitimate expenses and obligations
Addressing tax matters
Treating beneficiaries according to the requirements of the trust
Making appropriate distributions
Avoiding conflicts of interest and improper use of trust property
A trustee can potentially face personal liability for failing to properly perform these duties. Legal guidance early in the administration can help identify issues before they become disputes.
How Long Does Trust Administration Take?
There is no single timeline for every trust. A relatively straightforward administration involving cooperative beneficiaries and uncomplicated assets may move considerably faster than an administration involving real estate sales, tax issues, difficult-to-value assets, creditor problems, or disagreements among beneficiaries. It is also important not to distribute trust property prematurely. Before making final distributions, the trustee should understand the trust's obligations and determine what funds should be retained for expenses, taxes, and other potential liabilities.
We help trustees develop an appropriate administration plan based on the particular trust and assets involved.
Do I Need an Attorney to Administer a Trust?
Not every trust administration requires the same level of legal assistance. However, even apparently simple trusts can create questions concerning beneficiary rights, notices, taxes, real estate, distributions, accountings, and the trustee's fiduciary obligations. An attorney can help the trustee determine what needs to be done, establish an orderly administration process, and address legal issues as they arise.
Andrew Downs Law, LLC can assist with the entire administration or provide legal guidance concerning particular issues depending on the circumstances.
Trust Administration & Probate
Sometimes an estate involves both. For example, the deceased person may have established a living trust but still owned property individually at death. In that situation, the successor trustee may need to administer the trust while a Personal Representative simultaneously handles assets through probate.
Because Andrew Downs Law, LLC handles both Oregon trust administration and probate, we can evaluate the estate as a whole and determine which process applies to each asset.
Get Help With an Oregon Trust Administration
If you have been named successor trustee or are dealing with a trust after the death of a family member, we can help you understand what needs to happen next. Complete our short Probate & Trust Administration Intake Form to tell us about the trust, the person who died, and the assets involved.
Trust Administration FAQs
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Trust administration is the process of managing and distributing trust assets after the person who created the trust dies. The successor trustee generally must identify and protect assets, address debts and taxes, communicate with beneficiaries, follow the terms of the trust, and ultimately distribute the trust property.
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Often, but not always. Assets properly titled in a trust generally pass through trust administration rather than probate. Assets left outside the trust may still require probate or another estate procedure, depending on how they were owned and whether a beneficiary was designated.
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A successor trustee typically needs to review the trust documents, secure trust property, identify and value assets, provide appropriate notices, address debts and taxes, keep beneficiaries reasonably informed, maintain records, and make distributions according to the trust.
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The timeline depends on the trust and the assets involved. A straightforward administration may be completed within several months, while estates involving real estate, tax issues, business interests, creditor claims, or beneficiary disputes can take considerably longer.
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Usually, a trustee should not rush to make final distributions. The trustee should first understand the trust's obligations, identify debts and expenses, address potential tax liabilities, and retain sufficient funds to complete the administration.
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Not every trust requires the same level of legal assistance, but trustees have important fiduciary duties and can face liability for improperly administering a trust. An attorney can help the trustee understand the trust, comply with Oregon law, address beneficiary issues, and document the administration.
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Those assets must be evaluated separately. Depending on how they were titled, they may pass automatically to another person, qualify for another estate procedure, or require probate. It is common for an estate to involve both trust administration and probate.
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Trustees generally have duties to administer the trust according to its terms and applicable law and to provide beneficiaries with certain information. Disputes may involve distributions, accountings, trustee decisions, interpretation of the trust, or alleged breaches of fiduciary duty. Early legal advice can sometimes prevent a disagreement from becoming litigation.
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Yes. Some estates involve assets held in trust as well as assets that require probate or another estate procedure. Andrew Downs Law, LLC can review the estate as a whole and assist with both Oregon probate and trust administration when necessary.