Practice Areas

01 — TRUST ADMINISTRATION

A trust is created by someone (called the settlor, grantor, or trustor) to hold and manage assets according to instructions written down while they're alive. While the settlor is alive and able, they typically manage the trust themselves.

Trust administration is the process that begins once that changes, usually at the settlor's death, though it can also begin due to incapacity or resignation. At that point, a trustee, often a successor trustee named in the document, is responsible for carrying out everything the trust directs.

This generally includes:

• —Notifying beneficiaries and required family members that the trust exists, along with a copy of the document, within the timeframe California law requires.
• —Identifying, securing, and valuing what the trust owns, which can include real property, bank and investment accounts, retirement plans, life insurance, and other assets specific to the situation.
• —Handling what's owed against the trust, which can include ongoing bills, outstanding debts, taxes, and closing out accounts like insurance policies as needed, before any distributions are made.
• —Keeping accurate records of every transaction, which are eventually provided to beneficiaries in a formal accounting.
• —Distributing the remaining assets to beneficiaries according to the trust's exact terms.

Trust administration is different from probate. Probate is a court-supervised process used when someone dies without a properly funded trust in place. Trust administration typically happens without court involvement, which is part of why a properly funded trust is often faster and more private to settle.

A trustee is legally required to act in the beneficiaries' interest, follow the trust's terms exactly, and maintain accurate records, regardless of family disagreements or the difficulty of the situation. Naming a professional fiduciary as trustee removes that responsibility and potential conflict from a family member, and ensures these obligations are handled correctly from the start.

Continue to Successor Trustee→

03 — PROBATE AND EXECUTOR SERVICES

Probate is the court-supervised process of settling someone's estate after they die. It applies when a person's assets weren't placed in a properly funded trust before their death, meaning there's no trust in place to manage and distribute them privately. Instead, a court oversees the process from start to finish.

The person responsible for carrying out probate is called an executor if they were named in the deceased person's will. If there's no will, or the named executor is unable or unwilling to serve, the court appoints someone instead, called an administrator, to carry out the same responsibilities under state law rather than a will's specific instructions. There's also a middle case: when a will exists but doesn't name an executor able to serve, the court can appoint what's called an administrator with the will annexed, who still follows the will's terms despite the different title. In practice, these roles carry out nearly identical duties; the difference is mainly in the source of their authority; a will, or the law.

Once appointed by the court, the executor or administrator works alongside the estate's attorney throughout the entire process and is typically responsible for, but not limited to, the following:

• —Filing the initial petition with the probate court and formally opening the case, along with notifying beneficiaries, heirs, and any other required parties.
• —Locating, securing, and valuing everything in the estate, which can include real property, bank and investment accounts, retirement plans, vehicles, and personal belongings, and protecting these assets throughout the process, which in California often takes nine to eighteen months.
• —Paying valid debts, taxes, and expenses owed by the estate, generally in an order set by law, before any distributions are made to beneficiaries.
• —Filing a formal inventory and accounting with the court, documenting the estate's assets and every transaction made on its behalf.
• —Distributing the remaining assets to beneficiaries once the court approves, according to the will's instructions or, if there's no will, according to California law.

Because this entire process is court-supervised, it tends to involve more formal filings, more time, and less privacy than trust administration; the estate's basic details typically become part of the public record.

An executor or administrator is a fiduciary under California law, meaning they're legally required to act in the best interest of the estate and its beneficiaries, follow the will's terms or the law precisely, and keep accurate, complete records throughout. This work is generally done in coordination with the estate's attorney, who guides the legal filings and court process, while the fiduciary carries out the practical administration. Naming a professional fiduciary for this role, rather than a family member, removes that responsibility from someone close to the situation, particularly at a time when they may also be grieving, and ensures the estate is handled correctly and in coordination with the professionals already involved.

Continue to Special Needs Trust Administration→

05 — POWER OF ATTORNEY

A power of attorney is a legal document in which someone, called the principal, appoints another person, called the agent or attorney-in-fact, to manage their financial and legal affairs. A durable power of attorney specifically means the document remains in effect even if the principal later becomes incapacitated, which is why it's the version most commonly used in estate planning.

Without a durable power of attorney in place, a family member generally cannot simply step in to manage someone's finances if that person becomes unable to do so themselves, even a spouse. Instead, the family would typically need to go through a court-supervised process, called a conservatorship, to get that authority. A durable power of attorney is created in advance, while the principal is still capable, specifically to avoid that process.

Acting as agent under a durable power of attorney can generally include:

• —Managing bank accounts, paying bills, and handling day-to-day financial matters on the principal's behalf.
• —Managing investments, real estate, and other property, including buying, selling, or maintaining assets as needed.
• —Filing and paying taxes, and handling transactions with financial institutions and government agencies.
• —Keeping accurate records of all transactions and acting only within the authority the document actually grants.

It's worth noting that a durable power of attorney generally covers financial and legal matters only; healthcare decisions are typically addressed in a separate document, called an advance health care directive. The two are often created together but serve distinct purposes.

An agent under a durable power of attorney is a fiduciary, legally required to act in the principal's best interest, keep the principal's assets separate from their own, and avoid any conflict of interest. A power of attorney also ends automatically at the principal's death, at which point authority passes to whatever the estate plan directs next, whether that's a trustee, an executor, or an administrator. Naming a professional fiduciary as agent provides someone with the experience to manage these responsibilities correctly, without placing that obligation, or the potential for family conflict over financial decisions, on someone close to the principal.

Continue to Advance Health Care Directive→