Serving as a successor trustee comes with serious legal responsibilities, and an Oregon trust administration attorney at Catalyst Law can help you carry them out correctly and with confidence. We guide trustees, whether you live in Oregon or your loved one died in the state, through every step of administering a trust after a loved one’s death.
Oregon law requires a trustee to act with undivided loyalty to the beneficiaries, manage and account for trust assets, address any debts and taxes, and ultimately distribute property according to the trust’s terms. Mistakes, even unintentional ones, can expose a trustee to personal liability.
The best time to contact a trust administration attorney is shortly after learning you’ve been named successor trustee, before assets are distributed or significant decisions are made. We’re also available to step in if administration is already underway and questions or disputes have arisen.
During the lifetime of the person who creates the revocable trust (“grantor,” and sometimes referred to as “settlor”), generally manages the trust. If a settlor becomes ill or incapacitated, a successor Trustee will take over the management of the revocable trust for the benefit of the settlor.
At the grantor’s death, the revocable trust transforms into an irrevocable, yet flexible, management tool for the assets it holds. The trust administration process is private, handled out of court for the most part, in contrast with the estate administration and probate process, much of which is public.
Irrevocable Trusts can be created during a donor’s lifetime or after his or her death. Some types of irrevocable trusts are as follows:
The Catalyst Law team regularly works with Trustees of irrevocable trusts to ensure compliance with the terms of the trust instrument and applicable rules and regulations. If the terms of a trust become impracticable for whatever reason, we assist the Trustee or another interested party with amending the trust document, in many cases without court review.
If you are appointed as a Trustee, schedule a Complimentary 15-Minute Case Evaluation to help you understand your legal duties under the terms of the trust and state law – from how to facilitate smooth administration of any long-term family trusts to more complex matters including interpretation and modification proceedings.