Tuesday 30 April 2013

Facts About California Trust Administration

By Adela Beasley


When people die, they usually leave a will detailing who should get what with regards to the property they leave behind. California trust administration is the process that allows for interpretation of the provisions in the will of a deceased individual. More often than not, this responsibility falls on the shoulders of an attorney, and with good reason. Attorneys have the required expertise to interpret the will as it should be. In addition to this, they are usually there when the will is written and are therefore best placed to interpret it.

Due to the important nature of the task assigned to them, the lawyer needs to be very trustworthy. Only then can an individual be sure that his or her estate for example will be administered appropriately. Apart from trustworthiness, neutrality is also a desirable quality in these professionals. They should not have personal interests in the administration of trusts. They should also not favor any one party over another.

Timing for administration differs from one individual to the next. Some people give time guidelines which are to be followed while others do not. One can say for example that the process should begin a month after his or her death. When there are guidelines given, the administrator has to adhere to the same. If there are any other conditions that have to be met before the process begins, these should be met as well.

There is one requirement that has to be met even without being mentioned as part of the will. This is the requirement that provides for all beneficiaries of the trust are physically present when the will is presented to them for the first time. This serves the purpose of eliminating any suspicion that one beneficiary may have been favored at the expense of another.

Many are times wills are contested in a court of law. In the event that this happens, the process of administering trusts has to come to a stop. It does not matter if the deceased had wanted the process to be done immediately two weeks after his or her burial for example. Once the matter goes to court, it has to be heard and determined before any administration can take place. This is for the simple reason that the outcome of the petition could affect how a trust will be administered in the long run.

It is also important to note that anybody can be allowed to petition a will. This is not only lefty for the beneficiaries of the trusts. Outsiders who perhaps had ties with the deceased can also petition for whatever reason. Lawyers handling these cases always give time to allow for anyone who would like to petition to go to court.

In the event that there is no will, there is very little that the administrator can do. In such a case, an administrator may not even be required. The heirs only need to come to an agreement on who gets what and the matter is solved. Many at times, this proves difficult and that is why people go to court.

The importance of California trust administration professionals cannot be underestimated. They play an important role in the inheritance of property within a family.




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