Experience and Knowledge. Another key consideration is whether the individual or entity is qualified to act as trustee. If the trust has substantial assets, an individual with experience managing significant assets or with a background in finance or investments may be better suited to the role of trustee.
family member or friend serving as trustee, many donors often pair a family trustee with a professional trustee. This arrangement combines the strong personal connections of a family member or friend with the legal and administrative expertise of a professional.
You will probably want to name yourself and your spouse as trustees, because you want full control of the property while you're alive. As trustee, you will have the power to wheel and deal with your assets—sell them, exchange them, invest them, do whatever you want with them.
The registration of a trust created under the decedent's will must include the name(s) of the grantor(s) of the trust, the name(s) of the trustee(s), show that the trust was created under the will, and that the grantor is deceased. For example “ Betty Brown Trustee Under the Will of Jason Brown Deceased.”
Try a shorter name.
It's generally in your best interest to go with a shorter name for your trust since the longer a name the higher the chance of misspellings or issues with abbreviations due to a lack of space on forms. In other words, “Doe Family Trust dated 10/11/12” is preferable to “John R. Doe and Jane U.
Most personal trusts are drafted to name an initial trustee, often the trust grantor, as well as a contingent or successor trustee. Typically, the successor trustee begins to serve as trustee at a triggering event or future date, such as the incapacity or death of the original trust grantor.
A trustee can end up having to pay taxes out of their own personal funds if they fail to take action on behalf of the estate in a timely way. Of course, they can also face criminal liability for such crimes as taking money out of a trust to pay for their own kids' college tuition. Yup, that's stealing.
What Happens if There's No Successor or Co-trustee? The probate court will appoint a trustee if you don't name a successor in the terms of the trust. The beneficiaries can ask the court to select a specific person, but the court isn't obligated to do so.
While in some situations it is appropriate for a sibling or other family member to serve as trustee, in many cases, particularly with a larger trust, naming a family member is not the best decision, for several reasons. First, clients fail to appreciate the amount of work involved in being a good trustee.
So, now you know that the Trust Maker holds the most power before the Trust is established, but the Trustee holds the most power after the Trust is established.
The trustee generally has the authority to withdraw money from a trust to cover the cost of third-party professionals, as well as any other expenses arising as a result of administration.
A good trustee will be generous with their support and willingly offer their own skills, expertise and networks. Consider how you could draw on your professional, personal or previous volunteering experience to ensure different points of view and insights are included in discussions.
Trustees can be held personally liable for any harm caused by their actions or inactions, leading to costly legal fees to defend themselves and potentially to pay other parties legal fees. Reputational Risks: As its name states, being a trustee means having been invested with a high level of trust.
It is not unusual for the successor trustee of a trust to also be a beneficiary of the same trust. This is because settlors often name trusted family members or friends to both manage their trust and inherit from it. Naming the same person as trustee and beneficiary can be problematic.
On the surface, it may seem like the best way to protect their legacy is to keep trust management within the family. However, this plan may backfire due to practicality or family dynamics. Appointing two or more siblings as co-trustees could create logistical problems.
Anyone 16 and over (18 for an Unincorporated Association or Charitable Trust) who is not 'disqualified' can be a Trustee. The reasons for disqualification were set down by the Charities Act 2011, and were designed to prevent people convicted of financial crimes, or who made serious financial errors, becoming trustees.
However, you should be aware of some downsides to naming a beneficiary as the trustee. Making one of the beneficiaries the trustee can potentially create conflict with the other beneficiaries. The other beneficiaries may wonder why they were not selected as trustee and may resent the beneficiary who was selected.
It is not always necessary to appoint a Trustee when writing your Will. It is essential to choose and name a Trustee if you create a Trust in your lifetime or if the terms of your Will create a Trust. However, it will likely not be needed if your estate is only passing to adult beneficiaries who have full capacity.
Selecting an individual trustee
Choosing a friend or family member to administer your trust has one definite benefit: That person is likely to have immediate appreciation of your financial philosophies and wishes. They'll know you and your beneficiaries.
There are numerous examples of individual trustees who have stolen money. If a bank is named as trustee, the likelihood of misappropriation is reduced because of checks and balances in the administration of the trust.
A trustee must abide by the trust document and the California Probate Code. They are prohibited from using trust assets for personal gain and must act in the best interest of the beneficiaries. Trust assets are meant for the benefit of the trust beneficiaries and not for the personal use of the trustee.
A Trustee is a person who acts as a custodian for the assets held within a Trust. He or she is responsible for managing and administering the finances of a Trust per the instructions given. Often, the person who creates the Trust is the Trustee until they can no longer fill the role due to incapacitation or death.
Trustees are not usually subject to court supervision (unlike executors in court supervised probates). Trustees, and Special Trustees and Trust Protectors are the persons entrusted with the proper implementation of a Trust in a managerial or oversight capacity.
Typical choices are the grantor's spouse, sibling, child, or friend. Any of these may be an acceptable choice from a legal perspective, but may be a poor choice for other reasons. For example, some families would be torn apart if one sibling had to ask another for a distribution.