Whether you are reviewing your existing trust or creating a new trust, you should understand the important role that a trustee plays, not only in handling trust matters but also in providing for and protecting your loved ones.
What is a trust?
A trust is an agreement between the trustmaker who transfers assets and property to the trust and the trustee who agrees to manage the assets and property on behalf of one or more beneficiaries. Typically, a trust agreement lays out the specific instructions, rules, and guidelines that govern the trust relationship.
What is a trustee?
A trustee is a trusted decision maker who is authorized to handle all matters that relate to the trust. Depending on the type of trust, you could be the trustmaker and the initial trustee and then name someone else to act as trustee when you are unable to manage the trust. With some types of trusts, you could name someone else to act as trustee immediately.
What types of trustees are there?
When creating an estate plan, there are several types of trustees to consider. An initial trustee is the decision maker that immediately starts managing the trust’s accounts and property. Most often, you would be the initial trustee if you create a revocable living trust. However, for some types of irrevocable trusts, you would name someone else as the initial trustee.
The successor trustee is the next in line to manage the trust. This person may need to act because the initial trustee becomes incapacitated, dies, or steps down from their role.
You could choose to have one trustee handle the entire trust. You could also choose to name a separate trustee for any subtrusts that your trust creates later. For example, you may name your children as the trustees for subtrusts that are created for their benefit at your death. In this instance, there may be several trustees acting once the subtrusts are created. However, they will only be responsible for their separate trust and will have no control over other subtrusts that have their own trustees.
What does a trustee do?
Being a trustee involves many different important tasks, including the following:
- Managing accounts and property owned by the trust or subtrust. Although the trust owns your accounts and property, someone needs to carry out most transactions. If the trust owns an investment account, the trustee must watch the investments and request any adjustments that may be needed to ensure the best outcome for the trust and its beneficiaries.
- Keeping the trust beneficiaries informed about the trust. Although the trustee decides how trust accounts and property are used, they do so acting in the best interests of the trust beneficiaries. A trustee is required to periodically inform the trust beneficiaries about the status of the trust—what the trust owns, the value of the trust assets, what income the trust has received, and what expenses the trust has paid.
- Acting as a point person for trust matters. If beneficiaries have questions about the trust, the trustee is usually best suited to answer them. The trustee is also in charge of filing tax returns and participates in any lawsuits involving the trust.
What should you look for when selecting a trustee?
While it may be advantageous for a trustee to be financially savvy or have a background in tax, law, or finance, such qualifications are not required. When considering potential trustees, consider looking for someone with the following qualities:
- Ability to ask for help when needed. The trustee does not have to be an expert in every area of trust administration. They should be aware when they need assistance and be comfortable asking for help from financial advisors, tax preparers, and attorneys. The trust should authorize that such help will come at the trust’s expense so as to allow the trustee to fully carry out their responsibilities.
- Be detail oriented. Trust administration is a process with specific legal steps that must be taken. The trustee will be asked to compile a list of everything that the trust owns and keep accurate records of income and expenses. The trustee should be someone capable of providing the details that are required. Being too general with this information can cause tension between the trustee and beneficiaries, and could lead to legal action.
- Be organized. Depending on what the trust owns, how many beneficiaries there are, and the trust distribution plan, there may be a lot of moving parts. In addition to managing the trust, the trustee will need to be able to share information about the trust assets with the beneficiaries and must make sure that they do not mix their personal affairs with those of the trust.
- Have good communication skills. Although the trustee has authority over the trust, they are required to act in the best interests of the beneficiaries. It is important that the trustee clearly communicate with the beneficiaries, deliver all necessary information, and be available to answer any questions that the beneficiaries may have in a timely manner. A trustee must also be able to get along with the beneficiaries.
- Follow rules. State and federal laws, as well as instructions within the trust, must be followed. While a trust may have provisions that allow a trustee to use their discretion in some matters, there are other instances in which the trustee is required to do certain things a specific way. Failing to comply with the rules can subject the trustee to potential civil and criminal penalties.
Who can you choose to be your trustee?
Choosing a trustee is a very serious matter. Several options are available to you depending on your circumstances and what matters most to you.
- Family members. It is common for clients to select family members, such as a spouse, child, parent, or sibling to be their trustees. Family members likely have an intimate knowledge of your wishes and values, making trust administration easier if you want to leave decisions to your trustee’s discretion. Even if a family member who you desire as trustee is also a beneficiary, they may be the appropriate person for you to choose.
- Close friends. Close friends likely understand your values and wishes, making any discretionary decisions easier. However, depending on your family dynamics, your close friends may not want to get involved in any conflicts that arise. Also, if they are not trust beneficiaries, they may want to be compensated for the work they do, which could leave some beneficiaries feeling disgruntled that your trustee is getting money from the trust (even though the trustee is legally entitled to it).
- Professional third party. A professional third party can often be a good option. They can act impartially, in a manner separated from any family dynamics. Because administering trusts is their profession, they will likely understand every step that must be taken and have the tools to efficiently and accurately do so. However, as professionals, they will require compensation when acting for you. The professional fees will likely be higher than what a family member or close friend would seek for compensation.
Let Us Help
We understand that you have an important decision ahead of you. We are here to guide you through the decision-making process and answer any questions you may have along the way. Call us to schedule an appointment so we can help with this important planning.