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What is a Trustee?

Posted by Anthony Serra | Oct 21, 2024 | 0 Comments

Introduction

A trustee is a person or institution appointed to manage assets held in a trust for the benefit of other people (known as beneficiaries). The role of a trustee is crucial in estate planning, as it ensures that the trust's assets are managed and distributed according to the trustor's wishes.

 

Responsibilities of a Trustee

A trustee's primary responsibilities include managing the trust's assets, ensuring they are invested wisely, and distributing them to the beneficiaries as specified in the trust agreement. This involves a range of duties, such as maintaining accurate records, filing tax returns, and making strategic investment decisions. Trustees must act in the best interest of the beneficiaries, adhering to the fiduciary duty of loyalty and care. Apart from having knowledge of how to invest and manage money, an effective trustee is someone who exercises sound discretion and good judgment since they need to decide how the money is to be distributed. For instance, a beneficiary may need a car, but should it be a $30,000 Honda or a $250,000 Lamborghini?

 

Types of Trustees

There are different types of trustees, including individual trustees and corporate trustees. Individual trustees can be family members, friends, or professionals like lawyers or accountants. Corporate trustees are institutions such as banks or trust companies that offer trustee services. Each type has its advantages: individual trustees may offer a personal touch, while corporate trustees provide professional management and continuity. Typically, corporate trustees only get involved when the amount in trust is in the millions of dollar range.

 

Selecting a Trustee

Choosing a trustee is a critical decision in the estate planning process. The trustee should be trustworthy, capable, and willing to take on the responsibilities of a fiduciary. When selecting a trustee, consider their financial acumen, understanding of fiduciary duties, and availability to manage the trust over time. It's also important to communicate your expectations and the terms of the trust clearly to the chosen trustee so they understand the standards by which they are able to make distributions.

 

Conclusion

A trustee plays a vital role in the administration of a trust, ensuring that the trustor's wishes are carried out and the beneficiaries' interests are protected. By understanding the responsibilities and selecting the right trustee, individuals can create a robust estate plan that provides for their loved ones and manages their assets effectively.

About the Author

Anthony Serra

Tony Serra is a passionate advocate, especially for the elderly, disabled and those of modest means who need the services of an experienced and caring attorney. For more than 30 years, Tony has been helping common, everyday folks navigate their way through life's turbulent waters. Through innovation and utilizing modern technology, Tony and his law firm are now able to offer quality legal services that at one time were prohibitively expensive, at a fraction of the cost. If you need basic legal services, such as a Will, Power of Attorney, Living Will, Special Needs Trust, real estate transactions, uncontested guardianship pleadings and much more, please visit our website and our SMART LAW legal services platform. You will be pleasantly surprised by what we offer and glad you did! Tony is also an experienced mediator and founder of the Conflict Resolution Center of NJ. Tony has specific training in family matters as well as elder law and contested guardianship and estate cases.  

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