Mullin Law Firm | The Trusted Resource for Estate Planning and Elder Law for More Than 40 Years

Free 30 Minute Initial Consultation
Phone: 925-852-6014
Telephone Conferences Available via Phone and Video

Phone: 925-852-6014

Free 30 Minute Initial Consultation. Telephone Conferences Available via Phone and Video.

  1. Home
  2.  » 
  3. Estate Planning
  4.  » What does a trustee do?

What does a trustee do?

On Behalf of | Feb 2, 2024 | Estate Planning |

When it comes to trusts, the role of a trustee is of paramount importance. If you’re navigating the details of trust structures, comprehending the duties and responsibilities of a trustee is essential.

A trust is a legal entity that holds and manages assets for the benefit of specific individuals or entities, known as beneficiaries. Trusts are instrumental in estate planning, asset protection and facilitating the seamless transfer of wealth. A trustee is charged with administering a trust.

The significance of a trustee

A trustee is an individual or entity appointed to act on the trustor’s or grantor’s behalf. This trustee assumes a fiduciary role, making decisions aligned with the trust’s and its beneficiaries’ best interests. Their duties can range from managing investments to distributing assets according to the trust’s terms.

A trustee shoulders significant fiduciary responsibilities. This emphasizes the need for trustworthiness and financial acumen in those who assume this role. They must navigate investment landscapes, make prudent financial decisions and comply with the trust’s provisions.

Types of trusts with trustee

Living trusts, commonly known as revocable trusts, often appoint trustees to manage assets during the trustor’s lifetime and facilitate a seamless transition of control upon incapacitation or death. This arrangement may provide flexibility and continuity in the management of assets.

Irrevocable trusts also require careful consideration in selecting a trustee. With the irrevocability of the trust, the appointed trustee plays a pivotal role in ensuring adherence to the trust’s stipulations and safeguarding the interests of beneficiaries.

Designating an entity as a trustee

In some cases, trustors opt to designate entities, such as financial institutions or legal firms, as trustees. This strategic choice can provide an additional layer of expertise and professional oversight. Entities bring a wealth of experience and resources to the table, helping ensure a well-executed trust management strategy.

Understanding the role of a trustee is pivotal for anyone who is contemplating establishing a trust. The fiduciary responsibilities, legal considerations and strategic decisions associated with this role emphasize the need to take one’s time when choosing a trustee for a trust.