Trust Administration Lawyer in Huntsville
When You Are the Successor Trustee
A revocable trust is meant to make things simpler after a death, and it often does. But the person named as successor trustee inherits a job, not just a title. You are now responsible for someone else's property, for treating every beneficiary fairly, and for following both the trust's terms and Alabama law.
Ty Shepard advises successor trustees through Alabama trust administration, from accepting the role to the final distribution. You serve as trustee. We give you the legal advice and handle the legal work. Contact Ty about a trust.
Ty advises successor trustees in Huntsville and across North Alabama, including Madison, Limestone, Morgan, Marshall and Jackson counties.
What a Trustee Has to Get Right
Most trustees are family members doing this for the first time. Alabama's trust code gives them the same core duties as any other trustee:
take control of the trust's assets and keep them separate from your own
send the beneficiaries the notices and reports the trust and Alabama law require, and keep them reasonably informed
deal with the deceased person's debts and the trust's expenses and taxes before distributing
treat each beneficiary impartially, even when family relationships are uneven
keep records that account for every dollar in and out
distribute exactly as the trust directs, at the right time
Mistakes here can be personal. A trustee who distributes too early, mixes trust money with personal accounts, or favors one beneficiary in a way the trust does not allow can be held responsible for the loss.
How We Help Trustees
confirm that you can act as trustee and prepare a certification of trust for banks and brokerage firms, so you are not handing out the full trust document
identify and value what the trust owns, and find anything that was never moved into it
prepare the beneficiary notices and help you communicate clearly with the family
coordinate with your CPA on the trust's tax identification number and fiduciary income tax returns
handle real estate, including trustee's deeds and sales
work through retirement accounts payable to the trust, where the SECURE Act distribution rules matter
keep a family business or LLC interest running while ownership passes
represent the executor named in a will when assets left outside the trust need probate
plan distributions and any continuing trusts, prepare receipts and releases where appropriate, and give a final accounting when the trust ends
Where Trust Administration Gets Complicated
A trust that looked simple on paper can turn complicated once the trustee opens the file:
the house or an account was never retitled into the trust
a retirement account or life insurance policy names the trust as beneficiary
a beneficiary is young, disabled, or not ready to manage money, so the trust continues for years
the trust holds a family business, rental property, or land in more than one county
more than one trustee is serving, or the trustee is also a beneficiary
beneficiaries live in other states, or family relationships are strained
In these matters, early advice helps you see the decisions, deadlines and risks before you sell or distribute trust property. Because Ty also handles probate, he can see where the trust and any probate estate overlap and keep both moving together.
Who We Represent
We represent trustees. When you hire us, you remain the trustee and make the trustee's decisions; we advise you and handle the legal work. We do not serve as trustee ourselves.
We also do not take on trust contests or lawsuits between beneficiaries as new matters. If a dispute develops during an administration, we explain what it means for the trust and help you bring in litigation counsel.
Trust Administration: Frequently Asked Questions
Does a trust avoid probate completely? Only for property the trust actually owns or that is payable to it. Anything left in the deceased person's own name may still need probate, usually under a pour-over will that sends it into the trust. We check for this early, because one missed asset can hold up the whole administration.
What should I do first as successor trustee? Find the original trust and every amendment, and secure the assets before anything is sold or distributed. Keep trust money out of your personal accounts from the start. An early consultation lets us map the assets, the required notices, and the order of the work before a misstep becomes a problem. Our guide to the first steps for an Alabama successor trustee walks through the order.
Can I be paid for serving as trustee? Usually. If the trust sets the trustee's compensation, those terms generally control. If the trust is silent, Alabama law allows compensation that is reasonable under the circumstances. Many family trustees serve without pay, and that choice is worth documenting.
How long does trust administration take? It depends on the assets and on what the trust says. Selling real estate, waiting on tax filings, or holding a share for a young beneficiary can extend the timeline. At the start, we give you a realistic plan and the order the work should happen in.
Do I need to go to court? Usually not. Most trust administration in Alabama happens without court supervision. Court involvement is the exception, such as when the trust's terms are unclear or a probate estate must be opened for assets outside the trust.
Can I serve as trustee if I live outside Alabama? In most cases, yes. Much of the work can be done remotely, and we handle the Alabama side here in Huntsville, including real estate, banks, and any probate filing.
Ty Shepard handles our probate and trust administration work, and your first consultation is with him.