topLAW OFFICES Of BRADLEY J. FRIGON

6500 S. Quebec Street, Suite 330

Englewood, CO 80111
720-200-4025     720-200-4026 (fax)
In This Issue
So, You've Been Appointed Trustee of a Trust


Quick Links


 
 
Newsletters

 Archive


 
 

 

 

NewsNews & Announcements 

court

The Law Offices of Bradley J. Frigon has earned an A+ rating and is considered an accredited business with the BBB. The rating was awarded based on the BBB's information gathered on our practice and the length of time we have been operating with no complaints. We are proud to announce that we have been nominated for the BBB's Torch Award for 2011.

 
  
 
Connect with Brad on LinkedIn
here.
  

 

To order Brad's new book Fundamentals of Special Needs Trusts with Stuart D. Zimring and Rebecca C. Morgan, click here or call 1-800-223-1940.
  

 
 
  
Are you looking for a speaker for your next group luncheon or networking event? Call us at 720-200-4025 and schedule a speaking event with one of our attorneys.

  
 

court

 

 

 

 

 

court

 

court

Legal Link
Your Personal Newsletter for Estate, Probate and Long-Term Care Planning 
June 2011
 

Dear Clients and Friends, 
 
 

At the Law Offices of Bradley J. Frigon, we consistantly strive to provide quality personalized legal services with the highest level of integrity and professionalism. We assist clients with wills, trusts, probate and trust administration, probate litigation, Medicaid and public benefits planning, tax planning, guardian and conservatorships, special needs trusts, and small business planning. 

Being appointed as a trustee can be both rewarding and demanding, read the article "You've Been Appointed Trustee of a Trustfor some helpful tips to ensure your role as trustee goes smoothly. 

Please feel free to give us a call if we can provide assistance with your specific needs. Your comments and questions are important to us, please send them to vmckay@bjflaw.com for immediate attention

 

Sincerely,

 

The Staff at the Law Offices of Bradley J. Frigon 

ArticleYou've Been Appointed Trustee
of a Trust--
Eight Do's and Two Don'ts to Get You Started.
 
computer and notepad 

It can be an honor and a burden to be appointed trustee of a trust. What responsibilities have been thrust upon you? How do you successfully carry them out?

 

Here are eight do's and two don'ts to get you started:

 

Do read the trust document. It sets the rules under which you will operate, the standards in which you make distributions to a beneficiary of the trust, and how you will administer the trust assets. You need to understand it completely. 

 

Do create a checking account for the trust. All income and expenses must go through this account. While you should invest the money, a checking account will enable you to make distributions and payments and keep track of them.

 

Do keep the best interests of the beneficiaries in mind at all times. You have a "fiduciary" duty to current and future beneficiaries of the trust. A fiduciary duty is an extremely high standard. If you fail to follow your fiduciary duty, you may be personally liable for any loss to a beneficiary. 

 

Do provide the beneficiaries and anyone else named in the trust with an annual account of trust activity. This can be a copy of the checking and investment account statements or a more formal trust account prepared by an accountant or attorney.  

 

Do invest the trust funds prudently and productively to create income for the beneficiaries. You cannot leave the trust funds in a savings account or invest in a risky venture. You need to diversify the trust portfolio among stocks and fixed income securities. Get professional investment advice.  

 

Do keep in regular contact with the beneficiaries to understand their needs. Develop a distribution plan and a means to verify a beneficiary's request for a distribution. A trustee can be liable for not making a distribution or making too much a distribution to a beneficiary.  

 

Do be aware of any public benefits the beneficiaries may be receiving and make sure you do not jeopardize the beneficiaries' eligibility. 

 

Do file annual income tax returns for the trust. 

 

Don't have any personal financial dealings with the trust. For instance, you cannot borrow money from the trust or lend the trust money to anyone. 

 

Don't manage the trust alone. You need professional advice. All trust documents have some degree of complexity. You need to understand trust law, fiduciary standards and tax laws to properly administer a trust. No one can do that without many years of training and legal education. Hire an experienced attorney to make sure you are correctly fulfilling your role.

Referrals--The Greatest Compliment
 
thank you note

We always appreciate referrals from our satisfied clients, friends, business  partners, and  their  family members. We welcome the opportunity to serve the  people you care about. Please use the "Contact Us" link near the top of this Newsletter to contact our staff.  

 

Click on the "Forward Email" at the bottom of the page to send this newsletter to someone who will benefit from our advice.

The Law Offices of Bradley J Frigon
6500 South Quebec Street, Ste. 330
Englewood, CO 80111
Phone: 720.200.4025     Fax: 720.200.4026