Do I need an administrator my deceased parent’s estate? 8 Answers as of August 05, 2014

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!

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Law Offices of Charles R. Perry
Law Offices of Charles R. Perry | Charles R. Perry
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.
Answer Applies to: California
Replied: 8/5/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Not sure what you mean by Administrator. As successor trustee you would be well advised to have a trust lawyer.
Answer Applies to: California
Replied: 8/5/2014
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
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".
Answer Applies to: California
Replied: 8/4/2014
Danville Law Group | Scott Jordan
As Trustee, you are the administrator of the trust and all the property held in the trust. You can decide to sell or not. You should send notice to all of the beneficiaries when you decide to do something and they can object or not.
Answer Applies to: California
Replied: 8/4/2014
Donald T. Scher & Associates, P.C.
Donald T. Scher & Associates, P.C. | Donald Scher
If the property, both real and personal, was owned by the trust, then you as trustee are to administer the trust estate according to the terms of the trust agreement. If there is property in AZ that exceeds $75,000, in value, a probate may be required. If it is less than 75k, then you can file an affidavit of small estate. Was there a Last Will? It may or may not have any effect.
Answer Applies to: Arizona
Replied: 8/4/2014
    Law Office of Jeffrey T. Reed | Jeffrey T. Reed
    If you are the next successor trustee designated in the trust and the property is titled in the name of the trust that's all you should need, you might check with a local title company and see what they would require to transfer title.
    Answer Applies to: California
    Replied: 8/4/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    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.
    Answer Applies to: California
    Replied: 8/4/2014
    James Law Group
    James Law Group | Christine James
    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.
    Answer Applies to: California
    Replied: 8/4/2014
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