Choosing a Trustee: Factors to Consider

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Choosing a Trustee: The Importance of This Decision

Selecting the right trustee is crucial for the effective administration and management of your trust. A trustee manages and administers the trust according to its terms and California law, and their responsibilities include:

  • Investing assets
  • Distributing income or principal to beneficiaries
  • Maintaining accurate records

What to Look for When Choosing a Trustee

Some of the key factors to consider include the following:

  • Their qualifications. Evaluate the trustee’s financial acumen, organizational skills, and ability to handle administrative tasks.
  • Their trustworthiness. Select someone who is trustworthy, dependable, and capable of acting impartially in the best interests of beneficiaries.
  • Their understanding of your wishes. Ensure the trustee understands your wishes for asset distribution and management.
  • Their availability. Consider the trustee’s availability to manage ongoing trust responsibilities and make decisions promptly.
  • The relationship dynamics. Assess potential conflicts of interest and ensure the trustee can maintain harmonious relationships with beneficiaries.

Professional vs. Non-Professional Trustees

Below, we offer examples of what would make someone a quality or poor choice as a trustee:

Professional trustees are those who have:
  • Experience. Trust companies, banks, or financial institutions offer professional expertise in trust administration and investment management.
  • Impartiality. They provide impartial decision-making and follow strict fiduciary standards.
  • Continuity. Professional trustees offer continuity of service, ensuring long-term trust management even after changes in personal circumstances.
  • Non-professional trustees can include those who are:
    • Family members or friends. Often chosen for their familiarity and understanding of family dynamics and personal values.
    • Personally connected to the trust. They may have a personal stake in the well-being of beneficiaries and a deeper understanding of family relationships.
    • Inexperienced. Non-professional trustees may lack the financial skills or time commitment required for complex trust administration.

    Making the Decision

    You can ease the weight of the decision by employing the following strategies:

    • Consult an attorney. Seek advice from an estate planning attorney to understand legal obligations and trustee responsibilities.
    • Consider a co-trustee. Combining a professional trustee’s expertise with a family member or friend’s personal insight can balance expertise and personal connection.

    We Offer Counsel on How to Choose a Trustee

    With support from OC Trial Group, you can navigate trustee selection efficiently to ensure your trust is managed with integrity and compliance. Our estate planning attorneys focus our practice on guiding clients through trustee selection and trust administration.

    Whether you opt for a professional trustee or a trusted family member, we provide strategic advice and meticulous oversight to ensure your trust is managed effectively and in accordance with your wishes. For qualified counsel on trustee selection, trust administration, or estate planning strategies, schedule an initial consultation today by calling (949) 270-3424. Your peace of mind and the protection of your family’s legacy are our priorities.

About the Author

Blaine M. Brown is a co-founder of the OC Trial Group and acts as one of their primary trial attorneys. Mr. Brown is a highly awarded and reviewed trial attorney.

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