Estate & Trust Administration
Schedule Your Free Estate Planning Consultation
Columbia Estate and Trust Administration Attorneys
Elville and Associates is a Trusted Estate Planning Law Firm with Offices in Columbia, Rockville and Annapolis, MD.
Estate and Trust Administration is arguably the most important aspect of our work at Elville and Associates as it represents the final phase of the client’s estate planning. It is at this final administration stage of the estate or elder law plan that assets are distributed in the manner chosen by the client – grandchildren’s education trusts are funded, children’s assets protection trusts (Legacy Trusts) are funded, surviving spouses are provided for, special needs children receive their shares in the proper fashion, estate tax elections are made, and much more. Because of the importance of proper estate and trust administration, it is critical not to “go it alone,” and even more importantly, not to ignore the passage of time, as many critical dates and related actions are required after death.
The attorneys at Elville and Associates are experienced in the administration of estates and trusts, and in interacting with your family after the time of your death. Because of our lifetime commitment to our clients and our transparent firm succession plan, Elville and Associates is committed to efficiency and comprehensiveness in the Administration process. As part of that process, your survivors will always be counseled about their own estate plans, including all choices available to them concerning the exercise of powers of appointment. If you have questions or concerns about an estate or trust that needs to be administered, or about an on-going administration matter, our attorneys can provide answers to your questions and will be glad to consult with you.
What Is Trust Administration?
Trust administration is the process of carrying out the terms of a trust after the person who created it (the trust grantor) has passed away or become incapacitated. In simple terms, it means managing and distributing the assets held in the trust according to the trust document and the grantor’s wishes.
This final phase of an estate plan is crucial for ensuring that everything the grantor intended actually happens: for example, a grandchild’s education trust is funded, a surviving spouse is provided for, and a special needs child receives their inheritance in the proper way. Trust administration typically involves tasks such as:
- Identifying and gathering trust assets: Locating bank accounts, investments, real estate, and personal property that are held in the trust.
- Notifying beneficiaries and relevant parties: Informing all beneficiaries named in the trust (and sometimes government entities like Social Security) that the trust is being administered.
- Paying debts, expenses, and taxes: Using trust funds to settle any of the decedent’s final bills, outstanding debts, and applicable taxes.
- Managing and distributing assets: Safeguarding assets until they can be distributed. Then transferring those assets to the rightful beneficiaries exactly as the trust instructs.
Even though one goal of a revocable living trust is often to avoid probate, trust administration still requires careful legal and financial steps. Unlike probate (which involves court supervision), trust administration is usually a private process – but that doesn’t mean it’s automatic or simple. The successor trustee (often a family member or close friend appointed in the trust document) must follow Maryland law and the trust’s provisions to the letter. This can include meeting critical deadlines (such as sending notices to beneficiaries within a set time frame) and making important decisions about things like asset sales or tax elections. Every trust is unique, and the process can range from straightforward to highly complex.
Who Needs Trust Administration and When?
If you’re wondering whether you might need trust administration services, consider your situation and future plans. Generally, trust administration comes into play in scenarios like:
- After the death of a loved one who created a trust: For example, if your spouse or parent established a revocable living trust and has now passed away, the trust doesn’t simply handle itself – it needs to be administered. The named successor trustee (perhaps you) is responsible for settling the trust. This is often a time when families seek help from a trust administration attorney to make sure everything is done right during a period of grief.
- When you’ve been named a trustee and need help: Being named as a trustee is an honor, but it can also be overwhelming if you’ve never managed a trust before. Middle-aged adults often find themselves in this role for their aging parents’ trusts, and even business owners might be appointed as trustees for a colleague’s or partner’s trust. If you are a first-time trustee (or even an experienced one facing a complicated estate), you likely need guidance to fulfill your duties properly.
- As part of planning for your own estate: Trust administration isn’t only a concern after someone passes. If you are creating an estate plan that includes a trust, you’ll want to ensure that when the time comes, the administration of your trust will be smooth for your family. Many proactive individuals and couples engage an estate planning lawyer early on, so that the same firm who helps design the trust can later assist your loved ones with administering it. This continuity provides peace of mind that your wishes will be carried out seamlessly.
- When a trust has ongoing responsibilities: Some trusts aren’t just “set it and forget it” after a death. Perhaps a trust is set up to last for many years (for instance, until a grandchild reaches adulthood or for the lifetime of a special needs beneficiary). In these cases, a trustee may need ongoing legal support to manage the trust long-term. Annual accountings, beneficiary distributions, and adherence to trust guidelines can all be made easier with a lawyer’s help.
In short, trust administration services are crucial for families and individuals who want to ensure the transfer of assets is handled correctly and compassionately. If you find yourself responsible for administering a trust – or you’re planning ahead so your own trust is handled with care – you are someone who can benefit from professional trust administration guidance.
Why You Should Work with a Trust Administration Attorney
Many people ask if they really need an attorney to help with trust administration. After all, if you’ve been named trustee, can’t you just handle everything yourself? While it’s possible to navigate the process on your own, there are many reasons why working with an experienced trust administration attorney is highly recommended:
- Protect yourself from legal pitfalls
- Reduce stress during a difficult time
- Ensure nothing falls through the cracks
- Navigate complex family or financial situations
- Expert guidance means efficiency and peace of mind
In summary, working with a trust administration attorney is an investment in peace of mind and proper execution. It’s about ensuring your loved one’s legacy is protected and that you, as trustee or family member, are protected too. At the end of the day, having a trusted legal partner by your side means you don’t have to face it alone – you have guidance every step of the way.
How Elville & Associates Helps with Trust Administration
At Elville & Associates, we understand that trust administration is arguably the most important phase of the estate planning process. It’s when all the careful planning comes to fruition and your family’s future is shaped. Our trust administration attorneys approach this responsibility with the utmost care, professionalism, and compassion. We consider it our honor to stand by families during this time, and our goal is to make the process as smooth and stress-free as possible. Here’s how we help:
- Comprehensive, compassionate guidance
- Step-by-step management of the process
- Handling paperwork and legal filings
- Minimizing confusion and family stress
- Ensuring the trust’s intent is fulfilled (and going the extra mile)
Real-Life Trust Administration Scenarios: Questions & Answers
Every family’s situation is unique... Below are several real-life scenario-based Q&As that demonstrate how our firm supports clients:
- Q: “I’m the trustee of my late mother’s trust, and I feel overwhelmed. I’ve never done this before. How can Elville & Associates help me get started?”
A: It’s completely understandable to feel overwhelmed as a first-time trustee – there’s a lot on your plate, right at a time when you’re likely also grieving. Our trust administration attorney will essentially “take you by the hand” and guide you step by step. First, we’ll meet with you (by phone, video, or in person) to review your mother’s trust and explain your responsibilities in clear terms. Then we’ll help you prioritize what to do first, whether it’s securing property, notifying your siblings and other beneficiaries, or obtaining necessary tax identification numbers. We handle the paperwork and coordination with banks, investment firms, and the courts (if any interaction with a probate court is needed for related matters), so you don’t have to figure it all out alone. Throughout the process, we’ll be by your side to answer questions and give you as much (or as little) hands-on assistance as you need. The goal is to ease your burden so you can focus on taking care of yourself and your family. Clients in your situation often tell us that having our experienced estate planning lawyer working with them gave them confidence and peace of mind from day one. - Q: “My father set up a living trust to avoid probate. Now that he has passed away, do we still need a lawyer? The trust was supposed to make things simple, right?”
A: A living trust is a wonderful tool for avoiding the delays and public process of probate, but it doesn’t eliminate the need for trust administration – it streamlines it. You’re correct that things should be simpler than probate, and our job is to ensure that happens. We often assist families exactly like yours. After your father’s death, his trust became irrevocable, and the successor trustee (perhaps you, another relative, or a family friend) now has the authority to manage the trust assets. What we do is guide the trustee through all the necessary actions to settle the trust efficiently. This includes confirming all assets that are in the trust (since only those avoid probate), helping transfer or retitle assets to beneficiaries as the trust directs, and handling any legal formalities. We also make sure that any assets not in the trust (if any were left out and thus must go through probate or a pour-over will) are properly integrated so nothing is missed. In short, while the trust should indeed simplify the process, there are still crucial legal steps to take – and our attorneys make sure your father’s wishes are carried out quickly and correctly, without court involvement. Families appreciate that with our help, they get the benefits of the trust (privacy and efficiency) without risking mistakes that could undermine those benefits. Even with a trust, having a knowledgeable attorney’s guidance is the best way to honor your father’s intent and wrap up his affairs smoothly. - Q: One of the trust beneficiaries is my sister who has special needs. I’m worried about how her share will be handled – I don’t want her to lose her government benefits. Can your firm assist with this situation?”
A: Absolutely. Special needs beneficiaries require careful planning, and this is an area where our firm has deep experience. If your mother or father’s estate plan was crafted with a special needs trust or provisions for your sister, we will make sure those instructions are followed to the letter. **Our trust administration team will help ensure that your sister’s inheritance is managed in a way that protects her eligibility for benefits like SSI or Medicaid. This might involve maintaining her portion in a special needs trust instead of distributing assets to her outright. We will coordinate with any ongoing guardians or caretakers as needed, and if the trust was not already tailored for a special needs situation, we can advise on whether a supplemental needs trust can be established now. Our goal is to enhance your sister’s quality of life using the trust funds without disrupting any essential services or benefits she relies on. We handle the extra documentation and oversight these situations require. Many families with special needs members find comfort in knowing we’re looking out for their loved one’s best interests. In short, we’ll help you navigate this complex scenario so that all beneficiaries – including your sister – are taken care of appropriately.
Start Your Journey with a Free Consultation
You don’t have to navigate trust administration alone. Whether you’re a newly appointed trustee unsure where to begin, or a family member seeking guidance on a complex estate, Elville & Associates is here to help. Our experienced team of estate planning lawyers and trust administration attorneys is ready to provide the support, knowledge, and compassionate counsel you need during this important time.
Take the next step toward peace of mind. We invite you to reach out to us for a free legal consultation to discuss your trust administration needs. In this no-obligation meeting, we’ll listen to your situation, answer your pressing questions, and outline how we can assist you moving forward. Contact Elville & Associates today to schedule your free consultation – and let us help ensure your loved one’s wishes are carried out with the care and excellence they deserve. We are committed to protecting your family’s legacy and guiding you every step of the way.
