Roseville, CA estate planning & probate attorney Rick Lebherz talks about whether or not you should hire a lawyer to help you fulfill your duties as a trustee. While one is not obligated to do so, it is advisable to hire an attorney during the trust administration process. The role of an attorney is to understand the rules, and for a trustee, adhering to these rules is essential. Without the proper knowledge, inadvertent omissions of procedural steps may occur, resulting in a breach of fiduciary duties. Acting in good faith may fall short if critical steps are overlooked. Therefore, a strong recommendation is to collaborate with an attorney during the trust administration process.

Furthermore, it’s important to note that attorney fees are deemed appropriate expenses of the trust. The trustee is not personally responsible for covering these fees out of pocket; instead, the trust itself can support these costs. This not only alleviates the trustee of a financial burden but also adds value to the beneficiaries. It ensures a comprehensive administration with no potential issues or concerns, such as problems with creditors or disputes among beneficiaries. In summary, the decision to hire an attorney serves as valuable support for all parties involved in the trust administration process.