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Articles From Lumsden McCormick

Selecting the Appropriate Trustee: An Essential Choice in Estate Planning

When it comes to estate planning, selecting the right trustee is a decision that carries significant weight. Trustees play a crucial role in managing trusts, ensuring that the assets are handled according to the terms of the trust document and in the best interests of the beneficiaries.

Understanding Trustee Responsibilities

Trustees are tasked with a variety of responsibilities that require careful attention to detail and a commitment to fairness. These responsibilities include:

  • Accurate Accounting: Trustees must meticulously record all transactions, such as distributions for a beneficiary's education expenses, and provide an accounting upon request.
  • Prudent Investment Decisions: Trustees are responsible for investing the trust's assets wisely and for the long-term benefit of the beneficiaries.
  • Avoiding Conflicts of Interest: Trustees must act impartially and avoid any actions that could benefit themselves at the expense of the beneficiaries.
  • Impartiality: Trustees often need to balance competing interests among beneficiaries while adhering to the terms of the trust document.

Qualities of an Effective Trustee

Selecting an effective trustee involves considering several key qualities:

  • Knowledge of Tax and Trust Law: A solid understanding of the legal aspects of trusts and taxes is essential.
  • Investment Management Experience: Trustees should have experience in managing investments to ensure the trust's assets are handled prudently.
  • Bookkeeping Skills: Accurate record-keeping is crucial for maintaining transparency and accountability.
  • Integrity and Honesty: Trustees must possess strong ethical standards and act with honesty in all dealings.
  • Objectivity: The ability to work impartially with all beneficiaries is vital for maintaining trust and fairness.

Given the long-term nature of some trusts, many individuals opt to appoint professional trustees or financial institutions rather than friends or family members.

Consider All Your Options

Choosing a trustee is a pivotal decision in estate planning. This person or institution will be responsible for executing the terms outlined in the trust documents. It's important to weigh all available options carefully to ensure the trustee is well-equipped to handle the responsibilities and challenges that come with the role. If you have questions about choosing a trustee, reach out to your tax professional.

Selecting the Appropriate Trustee: An Essential Choice in Estate Planning

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Bob is an experienced tax professional who devotes his professional time to structuring tax strategies in the areas of compliance, consulting, and planning. Bob works closely with a broad range of high-net-worth individuals and multi-generational families, specializing in the areas of gift and estate planning, charitable gift planning, trust and estate administration, individual taxation, and wealth preservation. Bob serves as a practice leader in the Family Wealth and Estate Planning group. Bob joined Lumsden McCormick in 2008 and was named partner in 2022.

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