Frequently Asked Questions

Can Cardon Law help if another attorney prepared the trust?

Short answer

Yes. A trustee or surviving spouse may choose Cardon Law to provide trust administration guidance even if another attorney or law firm prepared the trust. The trust is not tied to the drafting attorney. Cardon Law can review the documents, explain the trustee’s responsibilities, and help organize the administration.

In this answer

You may choose different counsel for the trust administration

The attorney who prepared a trust does not automatically become the attorney for the trustee, surviving spouse, or beneficiaries after a death. Although the original attorney may be familiar with the estate plan, the people responsible for carrying it out may seek advice from another qualified trust and estate attorney.

Cardon Law can provide trust administration guidance for trusts prepared by another attorney, whether the document came from a large firm, a solo attorney, an online service, or another source.

Drafting the trust and administering it are different services

Estate planning creates the instructions. Trust administration is the process of carrying those instructions out after a death, incapacity, resignation, or other triggering event.

The administration may require the trustee to establish authority, identify and control property, work with financial institutions, maintain records, address tax matters, communicate with beneficiaries, make distributions, and eventually close or continue the trust.

An attorney advising the trustee does not need to have drafted the original document to help with that work. The governing trust and applicable law provide the starting point.

The first step is reviewing the complete document

Cardon Law will need to review the complete trust agreement and every amendment. A summary, certification of trust, or family member’s recollection may not contain all the provisions that control the administration.

The review can help determine:

  • Who has authority to serve as trustee
  • Whether the trust became irrevocable or divided into separate shares
  • What information or accountings beneficiaries should receive
  • How expenses, taxes, and distributions should be handled
  • Whether property outside the trust requires another process
  • Whether the trust continues or ends after the administration

When the document does not answer a question directly, applicable default rules may need to be considered.

The trustee should understand who the attorney represents

During an administration, family members sometimes assume that one attorney represents everyone involved. That may create uncertainty when the trustee and beneficiaries have different responsibilities, interests, or questions.

An attorney advising the trustee generally helps the trustee understand and carry out the trustee’s obligations. A beneficiary may decide to obtain separate advice when the beneficiary needs guidance about individual rights or concerns.

Clarifying the attorney’s role at the beginning can prevent misunderstandings as the administration proceeds.

Changing attorneys does not change the trust

Choosing Cardon Law for the administration does not rewrite the trust or replace its instructions. The document remains controlling unless a permitted amendment, agreement, court order, or other lawful process changes the result.

The purpose of the review is to understand the trust as written, identify the responsibilities it creates, and help the trustee carry them out properly. If the family’s expectations differ from the document, that difference should be identified before property is transferred or distributed.

An unfamiliar trust should not become a reason to delay

Trustees sometimes postpone an administration because they do not know the drafting attorney, cannot locate the original firm, or assume they must return to the office named in an old letter. Meanwhile, accounts, property, tax matters, and beneficiary questions remain unresolved.

Cardon Law can review an existing trust, identify the immediate priorities, and organize the administration into manageable phases. Bringing the complete trust and amendments, available death certificates, and basic information about the property allows that review to begin without requiring the original drafting attorney’s involvement.

Related questions

Do trustees usually get paid?

Trustees may receive payment for their work, although some family members choose to serve without compensation. Professional trustees generally charge for their services. The trust’s terms should be checked first. Under Utah law, if the trust does not specify compensation, the trustee is entitled to an amount that is reasonable under the circumstances. Payment generally comes from trust assets.

Learn more: Do trustees usually get paid?

How do distributions work?

Trust distributions occur when a trustee transfers money or property to a beneficiary or allocates it to a continuing trust for that beneficiary. The trust controls when distributions may occur, what may be distributed, and how much discretion the trustee has. Even broad discretion must be exercised in good faith and consistently with the trustee’s fiduciary duties.

Learn more: How do distributions work?

How long does trust administration take?

A post-death trust administration often takes approximately six to twelve months, but complicated administrations may take longer. The timeline depends on the trust’s instructions, the property involved, tax and reporting requirements, and whether disagreements arise. After the initial administration is completed, some trusts distribute their property and end, while others continue for years or generations.

Learn more: How long does trust administration take?

When does a successor trustee step in?

A successor trustee steps in when the current trustee can no longer serve and the trust’s requirements for succession have been satisfied. Common triggers include the current trustee’s death, incapacity, resignation, or removal. Simply being named as successor trustee does not provide immediate authority; the triggering event and any required acceptance or documentation must occur first.

Learn more: When does a successor trustee step in?

Who pays trust administration costs?

Trust administration costs are generally paid from trust property rather than by the trustee or beneficiaries personally. These costs may include legal guidance, accounting, tax preparation, appraisals, property expenses, trustee compensation, and other reasonable expenses required to administer the trust. Because those expenses reduce what remains for beneficiaries, the trustee should document them carefully.

Learn more: Who pays trust administration costs?

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Trust Administration

Trust administration guidance for trustees, surviving spouses, beneficiaries, business owners, and high-net-worth families. Cardon Law helps clients understand trustee duties, manage trust assets, communicate with beneficiaries, and move through the administration process with clarity and structure.

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