Recent Answers to Trusts Law Questions

Tanasia T.

Answered Jul 18, 2025

As the Trustee, you have a fiduciary responsibility to manage and protect trust assets, so it is good on you that you are wanting to take action. However, what you are able to do largely depends on the type of trust (revocable or irrevocable) and the explicit terms of the trust. Generally, a revocable trust may be modified by the settlor at any time. So, if you are the trustee and also the settlor, you have the inherent authority to make modifications to the beneficiaries. If it is an irrevocable trust, it may be modified with the consent of all parties (beneficiaries including the beneficiary that you want removed) or by order of the Court.

Merry K.

Answered Jul 9, 2024

As long as you do everything "by the book" (good record-keeping, etc) you have no personal liability in regards to debt/obligations of your father's estate, including the trust. Here's the gist for Washington State: You're protected from personal liability as long as you're acting as the trustee and not doing anything outside the scope of your authority or behaving negligently. You need to manage the trust's assets and debts according to the trust document and the law. If you mess up here, there could be some risk of liability. Always make it clear that you're acting as the trustee and not in a personal capacity. This helps keep the lines clear, so creditors and others know you're acting on behalf of the trust. If you mismanage the trust or engage in any kind of misconduct, you could be held personally liable for any losses that result. If the trust's debts are greater than its assets, you'll need to prioritize paying off those debts before distributing anything to the beneficiaries. You might also need to: Pay Debts: Use the trust’s assets to settle any outstanding debts. Talk to Creditors: Let the creditors know about the trust's financial situation and try to work out payment plans or settlements if necessary. If you're worried about personal liability or need help managing the trust's debts, it might be a good idea to talk to an attorney who specializes in trust and estate law. They can give you specific advice and help make sure you're doing everything by the book. Most trusts list a first, second, and third choice of trustee. If that's the situation with your father's trust, you can ask to work with the other people listed, or ask them to take responsibility instead of you. However, your father named you for a reason, as his first choice. After I answer certain Contracts Counsel questions, I'm sometimes asked to bid on a project. Please be aware that my schedule does not allow me to take on your matter, should you need help. One way to find attorneys in this field, in addition to Contracts Counsel, is through this organization: naela.org Best wishes, Merry