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Home » Article » LA Probate Law Discusses Trustee and Fiduciary

LA Probate Law Discusses Trustee and Fiduciary

December 12, 2015Article

LA Probate Law Discusses Trustee and Fiduciary

Making a wise choice now can save trouble later. When creating an estate plan, you want to minimize infighting among beneficiaries if often a top priority. One good way to do this is to choose a trustworthy, competent fiduciary. “Fiduciary” is a general term for someone you designate to manage your affairs for you in the event of your death or incapacity, such as an Executor or Trustee. Your fiduciary has a special duty to do what is best for you and your estate and must follow the distribution scheme established by your Will or Trust. Your fiduciary should be someone you trust completely explains LA Probate Law.

Trustee Quality

A Trustee must be honest, responsible, have a high degree of integrity, and a genuine interest in the welfare of the trust and the beneficiaries. It is also very important that the Fiduciary has experience in the investment of assets and management of property to keep the trust income producing says LA Probate Law. There can never be a conflict of interest between a Trustee and the beneficiary. The law forbids a Trustee from acting in an adverse manner contrary to the interest of the beneficiary or from acting in his own benefit in relation to the trust. Trusts are commonly used by attorneys and financial advisors during the estate planning process. They aid in the distribution of assets, ensuring that everything goes to the correct people and entities.


Fiduciary

The fiduciary duty is a legal relationship, obligation and trust to act in the best interest of the beneficiary. The fiduciary or trustee, must employ undivided loyalty to the beneficiaries concerning all matters related to their trust and will be held accountable if he or she acts adverse or contrary to the interest of this relationship. Unfortunately, while trustees often do an acceptable job of completing basic tasks, conflicts and problems can arise when trustees don’t understand where their loyalties should be and how do deal with the complex financial issues that can come with the job explains LA Probate Law. An individual, corporation or association holding assets for another party, often with the legal authority and duty to make decisions regarding financial matters on behalf of the other party.

Other Help

If you do not have a trusted individual to appoint, there are many other options available to you. A trust company, bank, attorney, or other professional fiduciary may be the right choice for you. You may be asking yourself what the difference is between individual and corporate fiduciaries. Both types of fiduciaries offer benefits that may be right for you, depending on your individual situation. An individual fiduciary may cost less than a corporate or professional fiduciary. While all fiduciaries are entitled to compensation for the work they do, a friend or family member may choose to waive compensation LA Probate Law. However, the person may be inexperienced in financial management, emotionally tied to the trust distributions, or simply too busy to properly administer your trust or estate.

LA Probate Law Discusses Trustee and Fiduciary

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Scott Schomer, Estate Planning Attorney
Scott Schomer, Estate Planning Attorney
A graduate of Boston University School of Law, Scott P. Schomer is a frequent lecturer on estate planning and elder law issues, having discussed these important issues on local and national television. A seasoned courtroom advocate, Scott has obtained combined judgments and verdicts in excess of twenty-five million dollars for his clients. Scott has served as a member of the Los Angeles Superior Court Probate Volunteer Panel (PVP Attorney), Probate Settlement Panel and a Judge Pro Tempore. Scott's expertise has been recognized by his peers with such accolades as a life-time membership in the Multi-Million Dollar Advocates Forum, the Five Star Wealth Manager designation, and repeated nominations as California Super Lawyer.
Scott Schomer, Estate Planning Attorney
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