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Notes From The Field
September 2025
818-369-7900 | 435-216-4444 | FieldLawPC.com
I’ve Got the Power … to Follow Their Instructions Being a Successor Trustee
One of the most important people named in a trust is the successor trustee. This individual is responsible for carrying out the terms of the trust, notifying all proper agencies and companies of the trustor’s death, and distributing funds to beneficiaries. As the successor trustee, this individual has the authority to manage all assets owned by the trust; however, this power also carries significant responsibility. Too often, beneficiaries are under the impression that the successor trustee has ultimate authority and is culpable for withholding funds or determining the amount they receive. It is also common for the trustors to worry about choosing someone who has legal expertise. I aim to debunk common misconceptions and offer insight into their role and the corresponding expectations. First, let’s address the idea that successor trustees can determine the amount and timing of money received. Only a trustor, the creator of the trust, can determine the distribution amounts. While trustees have the authority to manage the trust assets, they do not have the right to determine the amount someone gets from the trust. As far as timing, when a trust is being administered, the trustee is obligated to perform many tasks. They must provide proper notice to all beneficiaries and wait the designated time, account for all assets owned by the trustors, cover any outstanding debts or taxes owed by the trustors, and prepare a report and accounting from the time of death. What sounds like a relatively simple process necessitates intentional time to put everything in order for the best scenarios. In the worst-case scenarios, successor trustees can find themselves going through probate for improperly titled assets, dealing with litigation from disgruntled beneficiaries, preparing properties for sale, and more. Delays in receiving distributions are almost always due to assets in probate, litigation from beneficiaries, or the sale of properties. While beneficiaries may be under the impression that successor trustees determine the timeline, it is often the beneficiaries themselves who cause trust administrations to take longer than necessary. In terms of trustor concerns, it is not strictly necessary for the chosen successor trustee to have legal knowledge. The most important quality to look for is someone you can trust to carry out your wishes. Having legal expertise can be helpful, but we always recommend that a successor trustee work with a qualified legal team to administer a trust. Even skilled attorneys chosen as successor trustees often work with external legal teams to ensure that the process is carried out correctly. So, what should you expect from a successor trustee? First, clear communication about the proceedings of the trust administration. Successor trustees are obligated to provide notice of the trustor’s death and copies of the trust to all beneficiaries. Once that is complete, they are required to obtain biographical information from all beneficiaries to ensure distributions go to the correct individuals. Clear communication also includes informing beneficiaries about any unforeseen circumstances that delay distribution — including probate, litigation, or sale of property.
You can also expect a successor trustee to provide a full report and account of all trust assets prior to distribution to all beneficiaries. This ensures each beneficiary can see a clear record of how the money and assets have been managed from the date of death to the time of distribution, verifying that there has been no foul play. Additionally, a good successor trustee will work with a qualified legal team to ensure the trust is correctly administered. A successor trustee’s fiduciary responsibility to the trust is a binding legal obligation that often takes a toll on the individual filling the role. Even though they can control assets, they are at the mercy of the trustor’s competency. Too often, successor trustees are blamed for the trustor’s errors. Our team is preparing another iteration for our successor trustee school in the coming months, and we encourage you to attend and invite your successor trustees. This workshop provides vital information for you and your chosen representative so they can be prepared when the time comes. Don’t leave your successor trustee in the dark about what is to come. Communicate your wishes clearly now so your agents know what to do when they are most needed.
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Starting your estate planning early might not sound like the most exciting thing, but it’s one of the smartest decisions you can make. Whether you’re in your 30s and just bought your first home, in your 40s raising kids, or in your 50s thinking about retirement, having a solid estate plan gives you and your loved ones a priceless gift: peace of mind. Control Over Your Wishes One of the most significant advantages of early estate planning is control. You have the opportunity to decide exactly how your assets will be distributed, who will care for your children if something happens to you, and who will make decisions on your behalf if you’re unable to do so. Without a plan, those decisions could be left to the courts, and the outcome might not reflect what you would have wanted. The Power of Early Estate Planning Secure Your Future Today Protection for Your Loved Ones If you have young children, planning early is especially important. A well-crafted estate plan allows you to name a guardian for your kids, create trusts to manage their inheritance responsibly, and ensure your family is cared for no matter what happens. Even if your estate isn’t large, the structure and guidance you leave behind can make a huge difference. Probate Hassle Avoidance Another key benefit of early estate planning is avoiding probate, a time-consuming, public, and expensive legal process. Strategies “Whether you’re in your 30s and just bought your first home, in your 40s raising kids, or in your 50s thinking about retirement, having a solid estate plan gives you and your loved ones a priceless gift ...”
like creating a revocable living trust can keep your estate out of probate court and ensure a smoother transition of assets to your beneficiaries. Starting early allows you time to structure your plan wisely and avoid future headaches. Adaptation to Life Changes The earlier you start, the more flexibility you have. Life doesn’t stand still — marriages, divorces, new children or grandchildren, job changes, and new properties can all affect your estate. Beginning early gives you a solid foundation you can tweak as needed, instead of scrambling to build something from scratch during a crisis. Tax Minimization While not everyone faces estate taxes, for those who do, early planning can help minimize them. A financial and legal advisor can help structure gifts, trusts, and charitable donations in ways that preserve more of your wealth for your loved ones instead of the IRS. And even for smaller estates, planning ahead helps with income and capital gains tax implications that often get overlooked. Family Conflict Avoidance When a loved one passes without a clear plan, confusion and differing expectations can lead to arguments or legal battles between family members. By outlining your wishes clearly and legally, you minimize misunderstandings and help ensure a smoother, more unified transition. Peace of Mind Ultimately, the most significant advantage is peace of mind. Knowing your wishes will be honored, your loved ones will be cared for, and your legacy will be preserved brings a sense of comfort that’s difficult to put a price tag on.
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Can You Put Your Pet’s Bowl in the Dishwasher?
TAKE A BREAK
APPLES ASTER COFFEE CONSTITUTION FOLIAGE GRANDPARENTS LABOR LUNCHBOX PIRATE SAPPHIRE VIRGO WAFFLES
W H A
If your pet is practically a family member, you likely care a lot about what goes into their food bowl. But here’s a question many pet owners forget to ask: “How clean is that bowl, really?” And more importantly, “Can you just toss it in the dishwasher?”
The short answer is yes, most pet bowls can be safely washed in the dishwasher — and they probably should.
According to the National Sanitation Foundation (NSF), pet bowls are among the germiest items in the home, often ranking alongside kitchen sponges and bathroom faucets. When left unwashed, pet bowls can become breeding grounds for bacteria like MRSA, E. coli, and salmonella, which can pose health risks to pets and families. That’s where your dishwasher comes in. Modern dishwashers can handle more than dinner plates — they reach high enough temperatures to sanitize pet bowls and kill harmful bacteria effectively. Just check the bottom of the bowl or the manufacturer’s instructions for a dishwasher-safe symbol, especially for plastic bowls, which can warp or degrade in high heat. If you still use a plastic pet bowl, consider finding a new one. Veterinarians and pet care experts recommend stainless steel or ceramic bowls. Not only are they more durable and hygienic, but they’re also far less likely to harbor bacteria in scratches or porous surfaces. If you’re hand-washing your pet’s bowl, use hot, soapy water, and scrub every part of the bowl. The FDA recommends cleaning pet bowls after each use and even more frequently if you feed wet or raw food. If your pet eats from their bowl multiple times a day, consider having a second clean set on hand so a fresh one is always available. So, if your pet’s bowl is dishwasher-safe, go ahead and give it a spin — preferably on the top rack. It’s a simple step that makes a big difference in keeping your furry friends healthy and safe.
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818-369-7900 435-216-4444 FieldLawPC.com
P.O. Box 8306 La Crescenta, CA 91224
P.O. Box 910760 St. George, UT 84791
INSIDE THIS ISSUE
1
Following Instructions Is the Power
2
Get Ahead of Life’s Surprises With a Rock-Solid Estate Plan
3
Yes, You Should Be Washing Your Pet’s Bowl Every Day
4
Legacy Lessons From Michael Crichton
Estate Planning Lessons From a Literary Legend EVEN MICHAEL CRICHTON GOT IT WRONG
Michael Crichton was a literary giant — the mind behind “Jurassic Park,” “The Andromeda Strain,” and “ER.” But despite his brilliance, he wasn’t immune to estate planning complications. When Crichton passed away in 2008 at 66, he left behind a complex situation that serves as a cautionary story for anyone hoping to leave a smooth legacy.
Crichton’s estate was valued in the tens of millions, but we can all learn from his story. Here are four key takeaways.
Keep your documents up to date. Life changes with marriages, divorces, births, and deaths. Your estate plan should reflect your current reality. Review it at least every 3–5 years, or immediately after a significant life event. Plan for future children and grandchildren. Even if you’re not expecting, it’s wise to include language that accounts for future descendants. This can avoid costly court battles and ensure your intentions are honored. Communicate with your family. Unspoken assumptions can lead to conflict. Being clear with your loved ones and your estate planning attorney can prevent confusion down the line. Work with an experienced estate planning professional. Crichton had a will and trust, but they weren’t airtight. A qualified estate planner can help ensure your documents are legally sound and flexible enough for life’s surprises.
Crichton had a will and trust in place, but they were outdated. Most notably, his documents did not provide for any future children. At the time of his death, his fifth wife was pregnant — a fact not reflected in his estate plan. As a result, there was a legal dispute over whether the unborn child, John Michael Todd Crichton, should be considered a beneficiary. Crichton’s adult daughter from a previous marriage argued that the baby should not inherit, citing the language in the will. A court battle followed, and eventually, a judge ruled that the son could inherit from the estate — but not without litigation and unnecessary stress for the family.
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