The Essential Role of a Trustee in Estate Planning
- Posted in: Estate Planning
When it comes to estate planning, the role of a Trustee is one of the most crucial components in ensuring that your wishes are honored after your passing. A Trustee is a person (or entity) appointed to manage and distribute your assets according to the terms of your Trust.
Understanding the duties of a Trustee can provide peace of mind for both you and your beneficiaries and allows you to make educated decisions when naming someone to such an important role in your estate plan.
The main duty of a Trustee is their fiduciary responsibility. This means they must act in the best interest of the beneficiaries of the Trust. All actions that are taken must be justifiable, and openly communicated to the beneficiaries.
Within the same realm, the Trustees are also responsible for managing trust assets wisely. This means they must ensure assets are protected and regularly reviewed. Naming a Trustee who is at least somewhat financially savvy is important.
Trustees should keep accurate records of all transactions, communications and decisions made on behalf of the Trust. It will keep beneficiaries informed, and create a paper trail if there are any disputes later. This also helps at tax time, when the Trustee must also navigate the world of tax returns, and tax information related to the Trust. Again, it is worth consulting with and probably hiring an estate planning attorney to help with the trust administration.
Finally, the Trustee also makes distributions to beneficiaries, according to the terms of the Trust. Sometimes there are set amounts to be distributed, but sometimes it requires the Trustee’s discretion, which may involve difficult decisions.
Choosing the right trustee is one of the most important decisions in your estate planning process. While family members or friends may offer a personal touch, professional trustees, such as banks or trust companies, can bring expertise and impartiality to the role. However, they often come with a greater cost than an individual Trustee. Consider the Trustee’s experience, availability, and ability to navigate the complexities of trust management when making your choice.
Understanding the duties of a trustee is essential for effective estate planning. By selecting a trustworthy and capable individual or institution, you can help ensure that your assets are managed responsibly and distributed according to your wishes.