Understanding Trustees: Who They Are and Why They Matter
This is Blake Robinson with Two Spruce Law. Let’s quickly break down one of the most important roles in estate planning: the trustee.
What Is a Trustee?
A trustee is the individual or entity responsible for administering your trust according to the instructions you’ve outlined. In most cases, you’ll serve as your own trustee while you’re alive and capable. When you’re no longer able to act—whether due to incapacity or passing away—the trustee role passes to someone you’ve chosen.
Common choices for trustees include:
A spouse or family member
A bank’s trust department
A professional fiduciary—someone who specializes in trust administration as their profession
Why Trust Is Key
The term “trustee” is rooted in the concept of trust. Whoever you name to this role must be someone you trust completely to follow your written instructions and carry out your wishes.
It’s also essential to note that the trustee is not the same as a beneficiary. While a beneficiary is someone who receives benefits from the trust, the trustee ensures those benefits are distributed as outlined in the trust document. In some cases, a beneficiary may also serve as the trustee, but this arrangement can be complicated if family dynamics are strained.
Choosing the Right Trustee
Your trustee’s role is pivotal—they’ll be responsible for managing and distributing your assets according to your wishes. If your family dynamics are challenging, or if conflicts are likely, it’s worth considering a neutral party, such as a professional fiduciary. These individuals or organizations are experienced in administering trusts and can help reduce potential conflicts among beneficiaries.
The Bottom Line
Creating a trust is only the first step. Naming a trustworthy and capable trustee is equally important. Whether it’s a family member, a trusted friend, or a professional fiduciary, your trustee will ensure your legacy is honored and your beneficiaries receive what you’ve intended.
At Two Spruce Law, we’re here to guide you through these decisions and help you build a trust that works for you and your family.