Trust and Estates
Trust and probate administration involves a series of legal and financial responsibilities that must be carried out with care and accuracy.
Murtaugh LLP guides trustees and personal representatives through each stage of the post-death process with clear direction and practical support.
The firm advises on trust administration and probate court proceedings, including trust review, asset identification, and coordination with financial institutions. Fiduciaries are supported in understanding their responsibilities and carrying out required actions in a timely manner.
Real property transitions are often a key component of administration. The firm assists with the transfer, sale, or management of real estate assets, addressing title, tax, and fiduciary considerations throughout the process.
Trust and probate administration services include:
The process is handled with structure and attention to detail so that fiduciaries can move forward with confidence.
We frequently advise clients on matters related to this practice area. Below are answers to some of the most common questions we receive.
A successor trustee has several obligations depending on the size of the trust estate, the nature of the assets and liabilities, the types of beneficiaries, and the terms of the trust. Most trustees will be required to notify beneficiaries and heirs within 60 days of a settlor's death or incapacity. Additional notices to State and County agencies may be required with varying deadlines. Failure to provide proper notice can delay administration, extend the period during which the trust can be challenged, result in penalties, and expose the trustee to liability. A successor trustee should consult counsel as soon as possible to evaluate the applicable requirements and deadlines.
Assets that pass through a trust, have a named beneficiary (such as retirement accounts, life insurance, and payable-on-death accounts), or are held in joint tenancy generally avoid probate. Assets held in the decedent's name alone above California's threshold must go through formal probate unless an alternative procedure applies.
Partial distributions are permissible in many cases, but trustees must retain sufficient reserves to cover potential claims, taxes, and expenses. Distributing too early can expose the trustee to personal liability if unexpected liabilities arise. A trustee should consult with counsel before making any distribution, particularly in the first year of administration.
Whether you have a specific matter in mind or just want to explore your options, our attorneys are here to help. Reach out to learn how we can assist you.
