QUESTION
Do I need an administrator my deceased parent’s estate?
Asked on Aug 01st, 2014 on Estate Planning - California
More details to this question:
I'm trustee on my deceased parents trust which states that 'trustee powers include right to sell properties'. An attorney told me that a trust administrator had to sell the property since my mom recently died. Trust, myself and parents all in California. Do I need an administrator or not? Thank you for any help!
5 ANSWERS
Edwin K. Niles
Not sure what you mean by Administrator. As successor trustee you would be well advised to have a trust lawyer.
Answered on Aug 05th, 2014 at 6:43 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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It is not possible to answer your question in your specific case without reviewing the trust document and your parent's estate. In general, If the property was properly placed in the trust and you are indeed the trustee, and the trust gives the trustee the right to sell the real estate, then you (as trustee) have the right to sell the property without a third party being appointed administrator.
Answered on Aug 05th, 2014 at 6:29 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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As trustee, you have the power to deal with all assets in the Trust. No probate and no administrator is necessary for these assets. If your parents also had assets not already in the Trust, you may need a probate administration for those assets. (If they do not include real property and do have a total gross value of less than $150,000, then probably no probate administration is necessary. Do not stay with the lawyer who gave you the previous "information".
Answered on Aug 04th, 2014 at 8:50 PM
2 Awards
If the title of the house is not in trust you may or you may also be able to do a simple court petition. If title is in trust you can sell as trustee.
Answered on Aug 04th, 2014 at 10:19 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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As trustee, you are the administrator; I advise you to use an attorney for the trust administration, to advise and assist you in carrying out the duties of administration the trust; there are a lot of administrative duties/paper work that need to be implemented correctly, so as not put you, trustee, in legal jeopardy with the authorities or the beneficiaries.
Answered on Aug 04th, 2014 at 10:18 AM