Attorney Lisa Golshani discusses choosing a trustee in California and what you need to consider when making this very important decision. choosing a trustee in California

Choosing the Right Trustee for Your Family

by Estate Planning

Imagine the people you love most gathered after you are gone, and one of your children now holds the checkbook for the others. That single choice, who you name as trustee, can either hold your family together or quietly pull it apart. Many parents simply pick their oldest child because it feels natural, and we understand the instinct. Still, it is one of the most important decisions in your entire plan, and it is worth slowing down to get it right. Let’s go through what you need to consider.

First, what does a trustee actually do?

Quite a lot. They gather the assets, pay debts and taxes, keep careful records, keep everyone informed, and follow the trust’s instructions exactly. It is genuinely a job, and mistakes can fall on the trustee personally. That is worth knowing before you ask someone to take it on.

Once you understand the weight of the role, the next question is who should carry it. Most families have three options to weigh, and each comes with real advantages and real trade-offs. Let’s look at them one at a time.

Should you name a family member?

The comfort here is real: Someone who knows the family and serves out of love, usually without a fee. The harder part is that the same person becomes both a referee and a player. When one sibling controls the money and the timing, an ordinary delay can feel like a slight, even when nothing is wrong. A caring relative can also feel buried by tax forms they have never seen before.

What about a professional or corporate trustee?

The advantage here is neutrality and experience. A professional treats every family member the same way, follows the document instead of old history, and knows the paperwork well. The trade-off is a fee and a little less personal warmth. For many families, that trade buys a peace of mind that is worth far more than the cost.

Can you combine both?

You do not have to choose all or nothing. A relative can serve alongside a professional, or with a simple requirement to share yearly accountings and to bring in experts for taxes. Your loved one keeps the personal role, and the structure quietly provides the transparency that prevents suspicion.

So how do you decide?

Take an honest, clear-eyed look at your own family. If everyone gets along and one person is organized and fair, a relative may do beautifully with a little support. If there is tension, real money, or a long history of comparison, a neutral trustee often protects the relationships better than a relative could.

A trust is only as good as the person who carries it out, and there is no shame in wanting help with this choice. Thinking it through carefully is one of the kindest things you can do for the people you leave behind. If you are setting up or updating a trust, we would be glad to help you choose a trustee in California who will protect your family rather than divide it. Call our office at 818-334-2805 to talk it through.

being a Trustee in North LA County

What No One Tells You About Being a Trustee in North LA County: Common Mistakes Families Make and How to Avoid Them

by Estate Planning

When a loved one names you as trustee of their trust, it is meant as a compliment. They trust your judgment, your integrity, and your ability to look out for the people they love. What most people do not realize until they are already in the role of being a trustee in North LA County is just how much responsibility comes with it.

Managing a trust is not like managing a bank account. It is a legal obligation with real consequences when things go wrong. And in our experience working with families throughout the  North LA County area, the mistakes trustees make are rarely intentional. They happen because the role is more complex than it looks from the outside.

Misunderstanding What the Job Actually Requires

Many trustees assume their job is simply to divide assets among beneficiaries when the time comes. In reality, the role often begins much earlier and involves ongoing responsibilities: managing investments, paying expenses, filing tax returns, keeping records, and making distributions according to the specific terms of the trust document.

In California, trustees are held to a fiduciary standard, meaning every decision must be made in the best interest of the beneficiaries, not based on personal convenience or preference. A trustee who makes distributions without proper documentation, or who commingles trust funds with personal accounts, can face personal liability even if the mistake was unintentional.

Letting Communication Slip

One of the most common and preventable problems we see is a breakdown in communication between trustees and beneficiaries. Beneficiaries have a legal right to information about the trust, and when they feel left in the dark, suspicion grows quickly.

It does not take much—A few months without an update, a question that goes unanswered, a distribution that feels unexplained. What starts as a simple misunderstanding can escalate into formal disputes and expensive litigation that drains the very assets the trust was meant to protect. Regular, transparent communication is not just good practice. In many cases, it is legally required.

Making Decisions Without Professional Guidance

Most trustees are chosen because they are trustworthy family members or close friends, not because they have a background in law or finance. There is nothing wrong with that. But stepping into the role without professional support is where many well-meaning trustees get into trouble. Investment decisions, tax filings, Medi-Cal considerations, and compliance with California trust law are not areas where guesswork serves anyone well. The cost of getting it wrong, including personal liability for losses or surcharges imposed by a court, almost always exceeds the cost of getting good advice upfront.

Straying Outside the Trust’s Terms

The trust document is the rulebook, and trustees are bound by it. Making distributions for purposes not authorized by the trust, favoring one beneficiary over another without justification, or selling assets without proper authority are all mistakes that can expose a trustee to legal action from beneficiaries. When in doubt, the answer is always to consult the document and consult an attorney before acting, not after.

You Do Not Have to Figure This Out Alone

Being named a trustee is an honor, but it should not feel like a burden you carry by yourself. Whether you are just stepping into the role of being a trustee in North LA County or have been managing a trust for years and want to make sure you are on solid ground, we are here to help. Contact us at 818-334-2805 to schedule a consultation. Mention this article when you call.

A North LA County estate planning attorney discusses the many valid reasons to update your successor trustee designation.

How to Change Your Successor Trustee: A Guide from Your North LA County Estate Planning Attorney

by Estate Planning

One of the greatest benefits of a living trust is its flexibility. Life changes, relationships evolve, and sometimes the person you originally chose as your successor trustee may no longer be the best fit. As an experienced North LA County estate planning attorney, I’ve helped many clients navigate this common situation. Whether due to changes in their circumstances, shifts in your relationship, or simply a reconsideration of their abilities, it’s completely normal to revisit this important decision.

Why People Change Their Successor Trustees

There are many valid reasons to update your successor trustee designation. An estate planning attorney can help you evaluate if any of these apply to your situation:

  • Your original choice may have moved far away, making it difficult for them to manage your affairs.
  • Their health status or personal situation might have changed significantly.
  • Sometimes relationships evolve or become strained over time.
  • You may have realized they don’t have the financial knowledge or organizational skills needed for the role.
  • As your trust becomes more complex with additional assets or beneficiaries, different skills might be required.
  • Occasionally, your chosen trustee might even express reluctance about taking on the responsibility.

Steps to Change Your Successor Trustee

The good news? Making this change is typically straightforward, especially when working with an experienced North LA County estate planning attorney. The process generally begins with reviewing your current trust document, as most well-drafted trusts include provisions for changing trustees. Next, you’ll need to create a formal amendment that specifically identifies the change in successor trustees. This ensures there’s no confusion about your intentions.

When selecting your new trustee, take time to consider who would best serve in this role. A successor trustee should be trustworthy, organized, detail-oriented, and willing to take on the responsibility. It’s also wise to name backup successors in case your first choice is unable to serve when the time comes.

While not legally required, it’s often beneficial to inform both your former and new successor trustees about the change. This prevents surprises and gives your new trustee time to understand their future responsibilities. Finally, work with your estate planning attorney to ensure the amendment is properly signed and, if required in your state, witnessed or notarized.

Beyond the Paperwork

Changing a successor trustee isn’t just a legal transaction; it’s an opportunity to strengthen your overall trust plan. A North LA County estate planning attorney can help you:

  • Arrange a meeting with your new successor trustee to review your trust’s purpose and your wishes
  • Create a “trustee letter” with helpful information about your assets, accounts, and intentions to provide valuable guidance
  • Provide your new trustee with contact information for your professional advisors for additional support
  • Consider whether other elements of your trust should be updated as well

Remember, your living trust should evolve as your life does. Taking the time to ensure the right people are in place to carry out your wishes is one of the most thoughtful gifts you can give your loved ones. If you’re considering a change to your successor trustee, our team is here to help ensure your changes are properly documented and your trust continues to serve your needs.

Contact our North LA County law office today at 818-334-2805 to schedule a consultation where we can guide you through this important process.