Key takeaways
A trustee of a trust is legally responsible to manage the trust in accordance with the terms of the trust document.
A trustee can be an individual, a corporate trustee, or a combination of both. It’s important to explore different scenarios before making a decision.
Whether you’re already in the process of establishing a trust to control and protect your assets, or you’re considering adding a trust to your overall estate plan, there’s a vital question you should factor in: Who can you rely on to oversee and administer your trust and protect your financial legacy?
Here’s what you need to consider when making this important decision.
The trustee you select will be legally bound to manage the trust as it’s outlined and to always act in your beneficiaries’ best interests.
A trustee is a person or financial institution that manages a trust on behalf of the grantor (person who sets up the trust) for the benefit of one or more named beneficiaries.
A trustee is appointed by the grantor in the trust document and is legally bound to manage the trust in accordance with the terms of the trust and always act in the best interests of the grantor and beneficiaries.
Designating a trustee is one of the most important financial decisions you’ll make. Whoever you select will be legally bound to manage the trust in accordance with the terms of the trust document and to always act in your and your beneficiaries’ best interests. The fiduciary responsibilities of a trustee can be diverse: recordkeeping, administrative duties, investment management, and communication with beneficiaries, to name a few.
The trustee can be an individual, a corporate trustee, or a combination of both. Naming a trusted family member has some advantages, but a corporate trustee has expertise that a family member typically doesn’t have. That’s why it’s essential to assess all your options.
Choosing a friend or family member to administer your trust has one definite benefit: That person is likely to have immediate appreciation of your financial philosophies and wishes. They’ll know you and your beneficiaries. They’ll come to the table with a lot of personal background, which can be helpful in understanding the needs of the beneficiaries and insight into your wishes and intent.
However, naming a family member as your trustee isn’t always as simple as it sounds. What may seem like an honor to you might be perceived as a burden to the person you’re hoping will administer your trust. Furthermore, choosing an individual who is truly well-suited for being a trustee requires thorough and objective vetting on your part. Just because your daughter is a CPA or your best friend has known you for 50 years does not mean that either one of them is the wisest choice.
Serving as a trustee is a serious responsibility — which is why it’s smart to consider taking advantage of professional expertise in the form of a corporate trustee. They’ll have significant expertise and resources, including a deep understanding of fiduciary requirements and extensive investment management experience.
Perhaps equally important, a corporate trustee lends an unbiased and objective approach to the process. They have a fiduciary duty to carry out the terms of the trust in an objective manner. Family members may have a tougher time being objective when it comes to the more difficult decisions involved in administering a trust; a corporate trustee is detached from those personal conflicts.
A corporate trustee will still listen closely to your needs and desires and keep your goals paramount throughout the process.
In some cases, the best approach of all might be to name co-trustees — one individual and one corporate entity. This can be the best of both worlds, as both parties have a fiduciary responsibility to the person establishing the trust as well as the beneficiaries named in the trust. In this scenario, you can include provisions that give one party or the other preferential decision-making powers. An attorney can help you navigate the process of naming co-trustees, or you can also ask a financial professional to help you explore this option and how it might benefit your specific situation.
Whatever option you choose, make sure you take enough time to think through your options and explore different scenarios. When it comes to managing your wealth, choosing the right trustee is a crucial aspect of proper estate planning.
Yes, an individual trustee can also be a trust beneficiary. This often happens with a family trust, in which the surviving spouse is named as both a trustee and beneficiary.
There can be a potential conflict of interest when a trustee is also a beneficiary, as the trustee’s fiduciary duty is to act in the best interests of the grantor and beneficiaries when carrying out the terms of the trust. Appointing a co-trustee can help to help avoid this situation.
A trustee is in charge of the trust and manages the trust assets on behalf of the grantor and according to the trust agreement. A trust beneficiary receives the assets of the trust.
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