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Trust Administration Attorney in Wichita, KS

Guidance for successor Trustees in Wichita

A revocable living trust is designed to keep a family out of probate, but the trust does not settle itself. When the Trust Maker dies or can no longer manage their affairs, the successor Trustee steps in and takes on real legal duties under Kansas law. Advanced Legal Planning helps Wichita Trustees understand those duties, complete each step in order, and carry out the trust the way it was written.

What does a successor Trustee do in Kansas?

The successor Trustee manages the assets titled in the trust and follows the instructions in the trust document. After the Trust Maker's death, that usually means gathering the assets, paying final bills and taxes, keeping the beneficiaries informed, and distributing what remains. If the Trust Maker is living but incapacitated, the Trustee may instead manage the assets for their care.

Kansas holds Trustees to specific standards under the Kansas Uniform Trust Code. A Trustee owes a duty of loyalty to the beneficiaries and must administer the trust in their interest. A Trustee must also keep the qualified beneficiaries reasonably informed about the trust, as described in K.S.A. 58a-813. A Trustee who does not meet these duties can be removed and may be held responsible for losses.

Successor Trustee meeting with a Wichita trust administration attorney to review trust documents

The first 60 days of trust administration

Some of the most important steps happen early. Kansas law generally requires a Trustee, within 60 days after accepting the trusteeship, to notify the qualified beneficiaries of the acceptance and of the Trustee's name, address, and telephone number. When a revocable trust becomes irrevocable because the Trust Maker has died, the Trustee generally must also notify the qualified beneficiaries of the trust's existence and their right to request a copy of the relevant terms.

Other early tasks usually include:

Obtaining certified copies of the death certificate
Getting a tax identification number for the trust once it becomes irrevocable
Opening a trust bank account and keeping trust funds separate
Securing and insuring real estate and other property
Listing every asset titled in the trust and its value at the date of death

Advanced Legal Planning gives Wichita Trustees a clear checklist and handles the notices and paperwork with them.

How long does trust administration take in Wichita?

Many trusts can be settled in several months, often faster than a probate case because there is usually no court supervision. The timeline depends on what the trust holds, whether real estate needs to be sold, whether tax returns are needed, and whether the beneficiaries agree. Trusts that continue for years, such as a trust for a minor grandchild or a special needs trust, need ongoing administration.

Common problems Trustees run into

Trust administration usually goes smoothly when the trust was well drafted and properly funded. Problems tend to come from a few places:

Assets left outside the trust. If the Trust Maker forgot to retitle an account or a piece of real estate, that asset may have to go through probate under the pour-over will. Our probate page explains that process.
Retirement accounts and life insurance. These pass by beneficiary designation. If the trust is named as beneficiary, the assets are funneled through the trust, and the Trustee needs to handle the tax side carefully.
Family disagreements. Beneficiaries may disagree about the timing of distributions, the sale of the family home, or how the Trustee is doing the job. Clear communication and good records help prevent disputes.
Tax filings. The Trust Maker's final income tax return and, in some cases, fiduciary income tax returns for the trust may be required.

How Advanced Legal Planning helps Wichita Trustees

Advanced Legal Planning works alongside the successor Trustee from the first meeting through the final distribution. That support can include:

1. Reviewing the trust document and explaining the Trustee's duties in plain language

2. Preparing the required notices to beneficiaries

3. Helping inventory and value trust assets

4. Advising on paying debts, final expenses, and taxes

5. Helping retitle or sell real estate and other assets

6. Preparing distribution documents and receipts so the Trustee is protected when the trust is closed

Our trust administration page has more detail on the process.

Trustee compensation in Kansas

Serving as Trustee is work, and Kansas law recognizes that. If the trust does not set compensation, a Trustee is generally entitled to compensation that is reasonable under the circumstances. Some family Trustees choose not to take a fee. Either way, the Trustee should keep records of the time spent and the expenses paid.

Talk with a trust administration attorney in Wichita

If you have just been named successor Trustee, you do not have to figure out the rules on your own. Call Advanced Legal Planning at (316) 252-2233 or schedule a consultation at our Wichita office at 10300 W. Central or our Derby office. Virtual meetings are available upon request.

Schedule a Consultation

Frequently Asked Questions

Does a trust have to go through court in Kansas?

Usually not. A properly funded revocable living trust is generally administered without court supervision. Court involvement may be needed if there is a dispute or if assets were left outside the trust.

Can a Trustee also be a beneficiary?

Yes. Many Trustees are also beneficiaries, such as an adult child named in a parent's trust. The Trustee still has to treat every beneficiary fairly and follow the trust terms.

Can I decline to serve as Trustee?

Yes. A person named as successor Trustee can generally decline. If you decline, the trust document usually names a backup, and Advanced Legal Planning can help with the transition.

What if I am not sure the trust was ever funded?

That is a common question. Advanced Legal Planning can review deeds, account titles, and beneficiary designations to find out what is in the trust and what is not. Our article on whether a trust avoids probate in Kansas explains why funding matters.

Serving Wichita and the surrounding area

Advanced Legal Planning serves successor Trustees and families throughout Wichita and nearby communities, including Derby, Maize, Bel Aire, Andover, Goddard, Haysville, and Valley Center. If you are still building your own plan, our trusts page explains how a well-drafted trust makes administration easier for the people you leave in charge.

About Advanced Legal Planning, LLC

Advanced Legal Planning, LLC serves families across Kansas and Northern Oklahoma from offices in Derby and Wichita. The firm is led by Mark A. Galloway, Attorney at Law, who holds dual LL.M. degrees, one in Elder Law from the University of Kansas and one in Tax from Boston University. The firm helps families protect their homes, savings, and legacies for the next generation.