Parents, when creating a trust, frequently choose one of their children to take over as trustee when the parents are gone. The selected child, known as a successor trustee, assumes control of the trust property and manages the trust according to the instructions the parents provided in the trust itself.
Administering a trust is not something most people do every day. Rather than trying to figure everything out on their own, the successor trustee will most likely want legal advice from a trust administration attorney who works with California trust law. The question is, which attorney? Should you get advice from the same attorney who helped your parents create the trust?
You Can Select Your Own Lawyer
As a trustee, you certainly are allowed to work with your parents’ lawyer after your parents are gone. But, we usually encourage trustees to find their own attorney instead.
As a trustee, you suddenly have many responsibilities to fulfill and it’s important to be advised by an attorney that you’re comfortable with. You don’t need to force yourself to work with your parents’ lawyer just because your parents did, especially if they’re someone you don’t know.
What to Look For in a California Trust Lawyer
Compatibility
As a trustee, your attorney must be compatible with you. You’ll be communicating with your attorney frequently as you execute your trustee duties, so you want to hire someone you click with.
This can come down to the lawyer’s personality and how well they mesh with your communication style. When doing initial consultations, reflect on the impressions you received. Were they respectful? Did you like how they explained things and addressed your questions? Feeling this out will help you select the best lawyer for your personal situation.
Compatibility also depends on how available the lawyer is. Ideally, you want them to take on your case immediately. You want someone who will take the time to address matters thoroughly and who can efficiently tend to your needs.
Location
Location is another factor to consider. While you can select an attorney who practices trust law anywhere in California, it’s usually best to seek a local lawyer. You may want or need to visit the attorney’s office several times during your tenure as trustee. It’s easier to do that if you choose someone relatively close to your location. You’ll save the valuable time that it takes to commute to their office.
Experience
Experience is another variable. The attorney your parents chose may be great in some aspects of trust law, such as helping clients draft trust documents, but maybe they don’t have as much experience advising trustees. If you set out to find your own attorney, you’ll be able to talk with multiple lawyers, ask them about their experience, and make your own choice.
Independent Evaluation
You’ll also want to consider hiring your own attorney because the person you choose will be able to bring a fresh, independent eye to the situation. They will be able to read the documents without the burden of prior knowledge and the assumptions that come with it. Those fresh eyes can catch mistakes your parents’ attorney might have made or highlight issues that could become problems as you administer the trust.
How to Find the Right California Lawyer
There are several ways to screen lawyers and scope out your options, including:
- Ask for referrals: Tap into your network, friends and family and ask for recommendations. See if any have been in a similar situation and whether they had a pleasant experience with their lawyer.
- Research online: Most people turn to the internet to research their options. There you can find online reviews, read lawyers’ websites and get an idea of who is in your area as well as their experience level.
- Schedule an initial consultation: Even if the law office charges a small fee for the initial consultation, it’s worth it. You’ll get an idea of their personality, experience level and whether they have the time to take on your case. Most law offices that charge an initial consultation do so because the attorneys are in high demand and also to communicate that they want you to take your legal matter seriously.
Your Duties As A Trustee
Every trustee has a number of duties to fulfill, and they’re all important. When you’re the trustee of your parents’ trust, your duties probably mean even more to you. You want to make sure your parents’ wishes for their property become reality.
There are many different responsibilities and duties of successor trustees you’ll need to carry out and complete, such as:
- Locating and organizing your parents’ estate planning documents
- Creating an inventory of assets and debts
- Managing the trust property under the terms of the trust
- Knowing the value of all the items in the trust
- Finding the other beneficiaries and knowing how to deliver trust property to them
If you’re intimidated by the idea of taking on these responsibilities, that’s okay. Some of the tasks are indeed complicated. That’s why you’re looking for a lawyer that you’re comfortable with to guide you. While you’re free to use your parents’ former lawyer, you’re probably better off hiring your own attorney that you trust.
We Advise Trustees In The Bay Area
At the Law Office of Janet L. Brewer, we have extensive experience with trust administration, including advising clients who have been named trustees of their parents’ trusts. If you’re looking for a lawyer’s help, we would be happy to meet with you, answer your questions and explain what we can do for you.
Please call 650-325-8276 or send us a message to arrange a no-obligation initial consultation at our Los Altos office. We also offer video conferencing ability for your convenience.
