For trust administrations, Julia Rice and Daniel Rice represent successor trustees to ensure they comply with the terms of the governing instrument and Oregon law. Julia and Daniel assist clients with the administration of their loved one’s estate while remaining in tune to their emotional needs during this challenging time. Under Oregon law, trustees are required to provide qualified beneficiaries with notices that contain specific information. The trustee is also required to open a trust account, provide beneficiaries with an accounting, and outline the actions taken during the administration in a final trustee report. 

Julia and Daniel encourage trustees to seek legal advice after a Grantor has passed away. They find it easier to help the successor trustee get started on the right track rather than attempting to undo mistakes made in the beginning. There are often crucial decisions and actions that need to be made right from the outset, such as whether to disclaim property and the need to change the locks of the residence. 

Trusts often name several different trustees who have varying roles. For example, trusts can list separate trustees in the event a client is incapacitated rather than deceased. There may also be trustees who are in charge of children’s trusts or who manage other sub-trusts, such as a Bypass Trust and a Marital Trust. These sub-trusts require the administrative trustee to obtain an EIN along with other requirements. Julia and Daniel advise clients with respect to these intricacies and helps clients understand the specific roles of each trustee. Additionally, Julia and Daniel ensure that any required estate and income tax returns are filed. 

Although the court is typically not involved in a trust administration, many clients require legal guidance to properly navigate the trust administration process. Julia and Daniel are available for their clients every step of the way, whether they simply need comfort, legal advice, or explanations of the process. 

Glossary of Terms

Decedent

“Decedent” means a person who has died. ORS 111.005(8).

Will

“Will” includes codicil and also includes a testamentary instrument that merely appoints a personal representative or that merely revokes or revives another will. ORS 111.005(31).

Intestate Succession

“Intestate succession” means succession to property of a decedent who dies intestate or partially intestate. ORS 111.005(21).

Intestate

“Intestate” means one who dies without leaving a valid will, or the circumstance of dying without leaving a valid will, effectively disposing of all the estate. ORS 111.005(20).

Devisees

“Devisee” means a person designated in a will to receive a devise. ORS 111.005(12).

Heir

“Heir” means any person who is or would be entitled under intestate succession to property of a person upon that person’s death. ORS 111.005(18).

Estate

(a) “Estate” means the real and personal property of a decedent, as from time to time  changed in form by sale, reinvestment, substitutions or otherwise, augmented by any accretions or additions or diminished by any decreases or distributions.

(b) “Estate” includes tangible and intangible personal property of a decedent domiciled in Oregon, wherever the property is situated. ORS 111.005(15).

Personal Representative

“Personal representative” includes executor, administrator, administrator with will annexed and administrator de bonis non, but does not include special administrator. ORS 111.005(26). In other words, the personal representative is the person who is appointed in the will or by the court to administer the decedent’s estate.

Interested Person

“Interested person” includes heirs, devisees, children, spouses, creditors and any others having a property right or claim against the estate of a decedent that may be affected by the proceeding. “Interested person” also includes fiduciaries representing interested persons. ORS 111.005(19).