When you establish a Trust, you name someone to be the Trustee. Generally, you are the Initial Trustee for your Revocable Living Trust. A Successor Trustee steps in your shoes in the event of your incapacity and at your death. That person does what you do right now with your financial affairs – collect income, pay bills and taxes, save and invest for the future, buy and sell assets, provide for your loved ones, keep accurate records, and generally keep things organized and in good order.
The Key Takeaways
- You can be Trustee of your Revocable Living Trust. If you are married, your spouse can be co-Trustee.
- Most Irrevocable Trusts do not allow you to be Trustee.
- Even though you may be allowed to be your own Trustee, you may not be the best choice.
- You can also choose an adult child, trusted friend or a professional or corporate Trustee.
- Naming someone else to be co-Trustee with you is an option should the circumstances call for it. Some reasons for this include helping them become familiar with your trust, allows them to learn firsthand how you want the trust to operate, and lets you evaluate the co-Trustee’s abilities.
Who Can Be Your Trustee
If you have a Revocable Living Trust, you can be your own Trustee. If you are married, your spouse can be a Trustee with you. This way, if either of you become incapacitated or die, the other can continue to handle your financial affairs without interruption. Most married couples who own assets together, especially those who have been married for some time, are usually co-Trustees.
You don’t have to be your own Trustee. Some people choose an adult son or daughter, a trusted friend or another relative. Some like having the experience and investment skills of a professional or corporate trustee (e.g., a licensed private Professional Fiduciary, a bank Trust department or Trust Company). Naming someone else as Trustee or co-Trustee with you does not mean you lose control. The Trustee you name must follow the instructions in your Trust and report to you. You can even replace your Trustee should you change your mind.
When to Consider a Professional or Corporate Trustee
You may be elderly, widowed, or in declining health and have no children or other trusted relatives living nearby. Or you may not have friends or family that you fully trust for this important duty. Or your candidates may not have the time or ability to manage your trust. You may simply not have the time, desire or experience to manage your investments by yourself. Also, certain Irrevocable Trusts will not allow you to be Trustee due to restrictions in the tax laws. In these situations, a professional or corporate trustee may be exactly what you need: they have the experience, time and resources to manage your trust and help you meet your investment goals.
What You Need to Know
Professional or corporate trustees will charge a fee to manage your trust, but generally the fee is quite reasonable, especially when you consider their experience, the services provided, and the investment returns that a professional Trustee can deliver.
Actions to Consider
- Honestly evaluate if you are the best choice to be your own Trustee. Someone else may truly do a better job than you, especially in investing your assets.
- Name someone to be co-Trustee with you now. This would eliminate the time a successor would need to become knowledgeable about your trust, your assets, and the needs and personalities of your beneficiaries. It would also let you evaluate if the co-Trustee is the right choice to manage the Trust in your absence.
- Evaluate your Trustee candidates carefully and realistically.
- If you are considering a Professional or Corporate Trustee, talk to several. Compare their services, investment returns, and fees. I have a couple I highly recommend, which will give you a nice starting place.
I can help you select, educate, and advise your Successor Trustees so they will have support and know what to do next to carry out your wishes. Give me a call at 858-432-3923 and I will be happy to serve you.
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