What Do I Do If I SUDDENLY Become a Successor Trustee?

RISKS of being trustee! Let's talk duties of trustee, trustee responsibilities to beneficiaries, roles of trustees in a trust 👉 Book a Call at www.cunninghamlegal.com/book-... to discuss trust administration services & your own California Trust Administration checklist.
Does a trustee have any personal financial risks? You bet.
Trusts are controlled by trustees. But if a trustee becomes incapacitated or refuses to continue serving, the responsibility falls to a “successor trustee” who may be named in the trust, chosen by a “trust protector,” or even by a judge. Assuming the duties of a trustee or co-trustee when a loved one becomes incapacitated triggers a whole series of duties and responsibilities that you likely don’t know much about-along with personal liabilities that can be downright scary. Is a trusteeship in your future? Join us for an informative webinar where we outline the role, the duties, and the issues you may face!
Jim Cunningham, Janice Lee Shen, and guest David MacMahan talk about:
00:00 - CunninghamLegal Estate Planning Attorneys and Offices
01:58 - What Do I Do If I SUDDENLY Become a Successor Trustee?
05:00 - BIGGEST Mistakes You Can Make...
06:12 - Six "Big Rock" Issues
06:45 - What is a Trustee? What is a Beneficiary?
0:10:05 - Why do People STOP Serving as Trustee?
0:12:05 - Incapacity of Person Who Created Trust
0:19:50 - Death of Person Who Created Trust
0:24:20 - Death of a Married Person
0:29:50 - Death of a Married Person: What NOT to Do
0:31:10 - Death of a Married Person: Portability
0:32:30 - Death of a Married Person: The B Trust
0:33:00 - Whether & When to Hire Professionals
0:35:05 - David MacMahan of Fairsplit
0:37:50 - So, Why Would a Family Dividing Personal Property Need Specific...
0:39:59 - A Fair Process? Why Online is Likely Better
0:46:35 - Duties and Liabilities
0:54:45 - Record Keeping & Accounting
👉 Book a Call at www.cunninghamlegal.com/book-...
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[@sampsonlittle7368]

Is there a time when it should just be better to go thru probate? I know of a few people that would not want to have to go thru all that as a trustee.

[@CunninghamLegal]

Often times, Probate is more complex and more costly because it is a formal court process. A California small estate affidavit can be a shortcut since it can be used to claim all property, except real estate, if the deceased died after April 1, 2022 and the estate's total value is less than $184,500. But if it's over that amount, it's likely going to Probate.
Here is a video on what a Trust Administration attorney does, and it touches on the labor of Probate: www.cunninghamlegal.com/trust-administration-attorney-what-is-it-and-do-you-really-need-an-expert/.
At our office, we sometimes advise appointing Corporate Trustees to manage and administer the Trust. They usually charge between 1%-2% of the estate value per year, and for some people, that's well worth their peace of mind.

[@ronmiller5820]

In a trust when a spouse dies does the survivor of the trust become trustee

[@CunninghamLegal]

It depends on how the trust was written. The Successor Trustee takes control of the estate/trust when the original Trustee passes away. Here is a video with some steps: ruclips.net/video/l_GOtO9sADM/видео.html