The fiduciary as trustee has the responsibility of carrying out the terms of the trust as set forth in a trust document. A trust can be created by the language found in a will or a document created during life. If the former, it is a testamentary trust; if the latter, it is a living trust. The trustee is usually a person named by the creator of the trust in the trust document. In some cases, the trustee cannot carry out his or her duties either because of incapacity or death. If there is no named successor trustee who can serve, the court has the responsibility of appointing a trustee, usually someone who is nominated by the trust beneficiary(s).
Trustee duties can include funding the trust with appropriate assets, safeguarding assets, investing the trust assets according to the Prudent Investor Rule (as set forth in the Probate Code), reporting to beneficiaries (as set forth in the Probate Code) filing income tax returns for the trust and making distributions in accordance with the trust terms.
Sometimes the Grantor (the person(s) setting up the trust) list a trusted friend or family member. But with the emotional issues, conflict of interest and lack of experience it is not really a favor to put a friend or family member in this position. We have Trustees that can fulfill that role, or serve a successor Trustee in the event the person is unable or unwilling to serve. Another option is to list a Corporate Trustee to serve, but Kern County does not have any local offices for Corporate Trustees, so we also provide the local person that you can meet with easily and still the Corporate experience.
We take pride in serving all types of businesses and business owners
Our client base is mainly the closely held business, many being passed down for generations among family members.
Past and current clients range from the sole proprietor with one employee to those with hundreds of employees. Clients with one location to those with several locations. Client types range from the professional (doctors and attorneys) to manufacturing, trucking, agriculture, oilfield service, real estate development, construction, car dealers, oil and gas production, and concrete manufacturing.