Trust administration can become problematic in the face of transparency problems. Trustees are in a unique position and may be depended upon financially by multiple parties. Without proper transparency during the administration of a trust, beneficiaries are at risk of financial exploitation and emotional distress.
Transparency During Trust Administration
Transparency during trust administration is essential simply because a third party, the trustee, is handling assets from and intended for others. It is a position of trust that often involves the overseeing of substantial assets and their regular distribution.
Trustee Duties and Obligations
Trustees have a fiduciary obligation to beneficiaries and grantors. They must behave toward trust assets in a financially responsible manner and do nothing to jeopardize the funds unreasonably. They must also never put their financial needs above the needs of the trust.
Trustees additionally need to fulfill a variety of legal and compliance duties, such as record keeping, tax filing, and more. When asked, they should provide copies of any trust-associated document to the beneficiary or grantor (if alive).
These duties and obligations help foster transparency. They also provide beneficiaries and trustees with an immeasurable amount of peace of mind.
Open Communication
Any problems that arise from a lack of transparency can easily be cured or prevented with complete and open communication. Trustees can sidestep transparency problems by establishing regular and cordial communication with beneficiaries from the get-go. They should encourage beneficiaries to reach out with any questions or concerns.
The Results of Open Communication and Transparency in Trust Administration
Openness and transparency during trust administration can lead to many positive outcomes, including:
- Trust building between beneficiary and trustee, reducing the risk of conflict and litigation
- Fulfillment of trustee obligations and duties
- Absence of misunderstandings due to a lack of knowledge and information
- Empowered beneficiaries who understand the nature and administration of the trust they have been given
- Trustee accountability, which results in protected and properly administered trust assets
Of course, transparency in trust administration sounds much easier than it often is in reality. Trustees face a myriad of challenges throughout trust administration and work diligently to honor the duties and instructions they have been given.
They must contend with beneficiary expectations, which may not be reflective of the reality of the trust. In cases such as these, transparency is crucial for correcting misunderstandings.
Trustees must also deal with issues surrounding private and sensitive materials. Requests for information need to be processed with the parties’ privacy interests in mind. Often, trustees must provide financial information and records in ways that do not divulge sensitive or confidential information about a party or affair.
The Value of Experience
Trustees can benefit greatly from guidance and advice from an experienced wills and trusts lawyer. An attorney will ensure that their client remains in compliance with tier legal and fiduciary duties and help foster transparency.
Trustees may also consider consulting with other professionals, such as tax experts. In many cases, wills and trusts attorneys double as competent tax professionals and can provide effective advice on both legal and tax issues.
An attorney will also help trustee clients avoid being removed as a trustee should the matter arise. Beneficiaries, co-trustees, and other interested parties have the standing to initiate a petition for removal of a trustee when the trustee violates a fiduciary or legal duty.
Our Wills and Trust Attorneys Are Ready to Help
If you are dealing with matters related to the administration of a trust in Orange County, California, you deserve solid guidance that specifically addresses the issues you are facing. OC Wills & Trust Attorneys are here to navigate the legal waters and work to ensure you are protected and satisfied. Call today for a consultation.
