Trusts are an essential tool in estate planning. They offer a structured way to protect, manage and distribute assets to beneficiaries. Every trust requires a trustee, who is responsible for managing trust assets and ensuring that the grantor's wishes are carried out.
What is a trustee?
A trustee is an individual or entity appointed to oversee a trust, a legal arrangement where assets are held and managed on behalf of beneficiaries. The trustee’s primary responsibility is to administer the trust in accordance with the terms and conditions outlined in the trust document.
A trustee has several tasks to manage:
- Asset management: Trustees manage trust assets, which can include real estate, investments, cash and more. They must make prudent investment decisions and ensure the assets are properly maintained.
- Beneficiary distributions: Trustees are responsible for distributing trust income and principal to beneficiaries as outlined in the trust document. This includes adhering to any specific instructions or timelines provided by the grantor.
- Recordkeeping: Trustees must maintain accurate and detailed records of all trust transactions, investments and distributions.
- Legal compliance: Trustees must adhere to all relevant laws and regulations governing trusts. This includes tax compliance, reporting and other legal requirements.
Trustees also have several legal duties to uphold:
- Duty of loyalty: Trustees must act solely in the interests of the beneficiaries and the trust, avoiding any conflicts of interest.
- Duty of prudence: Trustees are expected to make informed and reasonable decisions when managing trust assets and investments.
- Duty of impartiality: Trustees must treat all beneficiaries fairly and impartially, regardless of their individual interests or relationships with the grantor.
- Duty of care: Trustees must exercise reasonable care and diligence in managing trust assets and making distribution decisions.
- Duty to inform and report: Trustees have a duty to keep beneficiaries informed about the trust's administration and provide them with necessary information upon request.
Choosing the right trustees
Selecting the right trustee is a critical decision in establishing a trust. Look for individuals or entities with a strong track record of honesty, integrity and financial responsibility. Ideally, they should have a good understanding of financial and investment matters, tax implications and good communication skills.
When choosing a trustee and successor trustees, be sure to choose someone who has the time and availability to manage the trust. In some cases, it may be prudent to appoint a professional trustee, such as a lawyer, bank or trust company, to ensure expert management and impartiality.
To learn more about trusts, trustees and trust administration, reach out to James Bart Leonardi, LLC today.