While the term fiduciary is a legitimate term with a long history, it, for the most part, means somebody who is lawfully committed to act in someone else’s best advantages. Trustees, agents, and operators are all cases of fiduciaries. When you pick trustees, executors, and agents in your estate plan, you’re picking at least one individuals to settle on choices in your and your recipients’ best advantages and as per the guidelines, you leave behind. Fortunately, understanding the essentials of what each of these terms implies and what to consider when settling on your decisions can make your estate arrangement work much better.


A revocable living trust is regularly the focal point of an estate planned bequest arrange in light of the fact that it is just the best system for accomplishing most people’s objectives. In a revocable living trust, your successor trustee will be in charge of ensuring your riches is passed on and overseen as per your desires after your demise or incapacity. Like each of the accompanying people required in your bequest arranging, it’s best to have a trusted individual or financial establishment complete this indispensable critical part.

It’s critical to make the language in your trusts as clear as it can be so that your trustee understands precisely how to deal with different circumstances that can emerge in distributing assets. In conclusion, your trustee will only take part of the assets inside the trust — not the remainder of the estate which is another reason funding the trust is absolutely critical.

Powers of Attorney

Your power of attorney designates people to settle on choices for your sake on the off chance that you wind up plainly not able to do as such yourself. There are a different types of powers of attorney, each with their own particular arrangements. There is a significant extensive variety of circumstances secured by different powers of attorney, and we can help you choose which sorts you’ll require in light of your present circumstance and future objectives. Here are two general types to cover in your estate plan:

  • Financial Powers of Attorney

Financial powers of attorney allow people the capacity to take financial actions on your behalf, for example, buying life insurance coverage or withdraw liquid assets from your accounts to take care of your expenses. By and large, powers of attorney are passed down to people delegated as agents. Be that as it may, particularly with respect to monetary choices, an institution like a trust company can likewise be named.

  • Health Care Powers of Attorney

This type of power of attorney covers an extensive variety of particular actions that can be made with respect to an individual’s restorative needs, for example, settling on choices about the sorts of care you get. For instance, the health care powers of attorney can be the medical doctor you most trust to understand your mental competency.


Your agent is the individual who will see your estate through probate if needed and do their diligence in view of your last will and testament. Contingent upon your inclinations, this could be the same individual or institution as your trustee. You may likewise observe this position assigned as personal representative, however, it implies a similar thing.

Numerous people ran with a paid executor as a preference. This is somebody who doesn’t receive anything from your will and is regularly the best decision if your estate is substantial and will be distributed among numerous beneficiaries. A family or friend can likewise serve, however, it’s critical to consider the amount of work required before setting this weight on them.

As an executor, it may come with diligent work and may have court-ordered deadlines, so it’s vital to choose the right person for the job. They may need to employ a CPA to help deal with your taxes or an attorney to aid the procedure or to help in dispute resolution. Accordingly, picking someone you are involved with like your spouse, may not generally be the smartest alternative, as they may not be up to the assignment at the time.

Get in touch with us today

We can help you make your way towards choosing your trustee, powers of attorney, and executor as smooth and migraine free as could be expected under the circumstances. When you have these decisions set up, you’ll have the capacity to breathe a sigh of relief realizing that your estate plan is in good hands regardless of what life brings. Call us to make an appointment today.

Please call (909) 256-6702 to discuss your questions and schedule a free consultation:
Trust and Estate, Elder Law, Special Needs, Conservatorship, Trust Administration and Probate in Los Angeles, San Bernardino, Riverside, Orange and San Diego counties. We offer flat, hourly and contingent fees, based on the type of matter.




341 W. 1st St. Suite 100
Claremont, CA 91711

MARIVEL M. ZIALCITA is the founder of MMZ LAW, A Professional Corporation, where she practices in the areas of Trust and Estate, Elder Law, Special Needs, Conservatorship, Trust Administration and Probate. Ms. Zialcita is a frequent speaker on trust and estate matters and holds memberships in the State Bar of California, Trust and Estate Section, The San Bernardino County Bar Association, Wealth Counsel and Elder Counsel. She currently assists in the pro bono legal services program at the James L. Brulte Senior Center in Rancho Cucamonga, California. She is based in Claremont and assists clients throughout Southern California.

This information is educational information only and not legal advice.