When a trust is created, the trust creator must appoint a Trustee to administer the trust. If you recently learned that you were appointed to be the Trustee of a trust, and you have never before administered a trust, you may be a bit intimidated at the prospect of doing so. The Indianapolis trust administration attorneys at Frank & Kraft offer a trust administration checklist for the new Trustee.
What Does It Mean to Administer a Trust?
The Trustee’s overall job is to administer the trust. Administering a trust entails managing and investing the trust assets and following the trust terms, created by the Settlor, to achieve the stated trust purpose. The trust terms, which are found in the trust agreement, will dictate when trust assets are to be distributed as well as identify the beneficiary that is to receive the distribution. The trust may also provide details that direct how the trust assets are to be invested. The Trustee must abide by all trust terms unless a term is illegal, impossible, or unconscionable.
Trust Administration Checklist for the New Trustee
Now two trust agreements are identical, meaning the administration of no two trusts will be exactly the same. Nevertheless, there are enough common steps a Trustee should take when administering a trust to create a checklist.
- Gather and review all estate planning documents. If the Settlor is recently deceased, get copies of all estate planning documents, such as the Last Will and Testament, life insurance policies, powers of attorney, and any other documents that might be connected to the trust you are administering.
- Review the trust agreement. Take your time and read through the trust agreement several times. Unless you are familiar with the legal jargon, you may not understand everything right away – but you need to understand it all eventually.
- Consult with an attorney and financial advisor. Most Trustees retain an experienced trust attorney to help them administer the trust to prevent making costly errors. At a bare minimum, go over the trust agreement with an attorney to make sure you understand all the terms. Also, meet with a financial advisor who can help guide you with regard to investing the trust assets.
- Transfer assets into the trust. Often, after the death of a Settlor, assets must be transferred into the trust from the Settlor’s estate. This should be done as soon after the Settlor’s death as possible.
- Create an inventory. Once you have transferred all known assets into the trust, create an inventory so you know what the trust owns, where the assets are located, and what they are worth.
- Establish a bank account. A trust is a separate legal entity for tax purposes. A trust also needs its own a bank account to pay trust expenses.
- Communicate with beneficiaries. Let the trust beneficiaries know that you are the Trustee and that you will be handling the trust administration. You have an ongoing duty to communicate with the beneficiaries and keep them updated on the trust business.
- Keep detailed records. Everything you do as the Trustee should be well documented. This protects you in the event that questions arise regarding your role as Trustee and it allows you to be compensated for acting as the Trustee.
Contact Indianapolis Trust Administration Attorneys
For more information, please join us for an upcoming FREE seminar. If you have additional questions or concerns about trust administration, contact the experienced Indianapolis trust administration attorneys at Frank & Kraft by calling (317) 684-1100 to schedule an appointment.
Mr. Kraft assists clients primarily in the areas of estate planning and administration, Medicaid planning, federal and state taxation, real estate and corporate law, bringing the added perspective of an accounting background to his work.
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