Posts Tagged Trustee

When Adult Children Shouldn’t Serve as Trustees

When Adult Children Shouldn’t Serve as Trustees

When people create a trust, naming an adult child as trustee often feels like the natural choice. After all, who knows the family better? Who cares more? While that works well in many situations, it’s important to understand that “family” and “fiduciary” are two very different roles. In some cases, asking an adult child to serve as trustee can create more problems than it solves. A trustee’s job is not just to “be in charge.” A trustee has a legal duty to manage assets prudently, follow the terms of the trust, treat beneficiaries fairly, keep records, handle taxes, make distributions appropriately, and sometimes say “no” – even to siblings or other family members. That’s a significant responsibility, and it can put adult children in very difficult positions. Family conflict is one of the biggest risks. When one child is trustee and others are beneficiaries, even routine decisions can feel personal.

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The Importance of Choosing a Qualified Trustee

The Importance of Choosing a Qualified Trustee

A trustee can be one person, multiple people, or what is called a “corporate trustee,” such as a bank or trust company staffed by people who manage and grow trust assets. It is essential to choose the right trustee because this person or institution is responsible for carrying out your wishes and protecting trust assets. Many grantors name a spouse, an adult child, a relative, or a close personal friend as trustee. The person you choose must have the ability to serve in this capacity and the willingness to devote all of the time and energy necessary to carry out the mandates of the trust. It is important to note that the trustee must administer the trust faithfully and accurately. He or she can be held legally and financially responsible for any mistakes, even those that are unintentional. This is why you should think long and hard about your choice

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Should Your Beneficiary Serve as Your Executor or Trustee?

Should Your Beneficiary Serve as Your Executor or Trustee?

For most people, choosing an executor or trustee means choosing someone close to them – a family member or a friend. However, this often means their executor or trustee is also a beneficiary. But, will choosing a beneficiary create a conflict of interest? The short answer is, the best way to avoid a conflict is to be as specific as possible in your instructions to your executor and beneficiaries. An executor or trustee has a legal duty to manage the property and assets in the decedent’s estate for the benefit of the trust or estate beneficiaries. This means that while the executor/trustee should be compassionate, they must also act in an equal and unemotional manner toward every beneficiary. A beneficiary, on the other hand, is often emotionally involved. Even those beneficiaries who are not concerned with the monetary aspect of their inheritance will likely be emotionally invested in the heirlooms

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