Roseville, CA estate planning & probate attorney Rick Lebherz talks about whether or not you should hire a lawyer to help you fulfill your duties as a trustee. He points out that while a trustee is not legally required to hire an attorney, he strongly recommends doing so. Trustees have a fiduciary duty to follow established rules and procedures, and without proper legal guidance, it is possible to overlook critical steps, potentially resulting in a breach of those duties. Acting in good faith alone may not be sufficient to protect both the trustee and the beneficiaries.

He emphasizes that attorney fees are typically considered legitimate expenses of the trust, meaning the trustee is not personally responsible for covering them. The trust itself can pay for these services, alleviating any financial burden on the trustee. Engaging an attorney ensures that the trust is administered correctly, minimizing risks such as creditor claims or disputes among beneficiaries. Ultimately, he stresses that working with an attorney provides essential support, safeguards the integrity of the administration, and adds value to the trust for all parties involved.