A trust cannot function effectively without the right trustee.
Trusts are a versatile estate planning instrument.
Although they provide structure and instructions for managing and distributing assets, someone must still be responsible for carrying out these tasks, communicating with beneficiaries, and making decisions.
This responsible appointee is known as the trustee.
Depending on the ages and vulnerabilities of beneficiaries, the role may require years of dedicated service.
When choosing a trustee, skill and ability matter more than being a close relative.
Trustees have a fiduciary duty to oversee the trust under applicable law and the trust's terms.
Trustee responsibilities can include filing taxes, investing assets, making distributions, keeping accurate records, protecting trust property, and communicating with beneficiaries.
Although trustworthiness matters, the role of trustee also demands specific skills and abilities.
While parents may assume the intimate family knowledge available to a sibling or adult child would make one of these individuals an ideal candidate, familiarity is not necessarily a favorable quality.
Many families find that close trustee-beneficiary relationships trigger disagreements, competing interests, and complications.
To prevent family conflict, selecting someone who is not within or too close to the family may be a better choice.
Financial responsibilities are a significant aspect of trust administration.
Because trustees must manage all assets held by the trust, they should be able to track investments, maintain records, meet key deadlines, and communicate with professionals.
If someone is disorganized but trustworthy and willing, this person will likely be unable to handle the complexities and practical requirements of trust administration.
Some people fund their trusts using investment portfolios and other valuable property.
Managing investments can be complex.
The trustee role benefits from personal financial experience and a willingness to seek appropriate professional advice.
Conflicts of interest should be avoided.
Beneficiaries will not always have the same desires regarding the trust.
If one beneficiary wants distributions while another wants assets kept for the future, the trustee may have to disappoint one beneficiary.
When trustees have a closer relationship with one beneficiary, they may find it hard to remain neutral.
Professional or institutional trustees may be a wise choice for some trusts.
Those who choose a professional trustee can benefit from established systems for accounting, record keeping, investment management, tax administration, and communication with beneficiaries.
Large, complicated trusts that may need years of trustee services may be better suited to professional oversight.
When selecting a professional trustee, one must also account for fees and determine whether the benefits outweigh the costs.
The perfect choice for a trustee may not be available or willing to serve when the time arises to take on the responsibilities of trust administration.
To account for the unwillingness, resignation, incapacity, or death of a preferred trustee, grantors should also designate a successor trustee.
If a trust has no successor trustee, the court may need to step in to fulfill the trust's terms.
By designating multiple successor trustee options, you can build flexibility into your plan.
Clarity always promotes more effective trust management.
When trustees understand the trust's terms, goals, and purpose, they can better follow your wishes.
Although the trust documents will provide legal instructions, reviewing these with your chosen trustee will prevent misunderstandings.
When a trust gives trustees discretion over certain decisions and distributions, the trustee will benefit from having an explanation of your desired outcomes.
Naming a trustee on a revocable living trust does not make this decision immutable.
Because financial situations, relationships, and people evolve over time, your original choice may not be suitable years later.
Your fiduciary designation should be reassessed when you regularly review your estate planning documents.
If you have experienced a recent major life event, this can be a good time to make appropriate updates.
Even flawlessly drafted trust documents can be undermined by a trustee who lacks appropriate skills, is unavailable, or has a conflict of interest.
Yikes!
It is better to choose a qualified individual than to select someone based only on their relationship to you.
Because trustees can be unavailable, incapacitated, or die, it is important to list successor trustees to serve as backups in case of unexpected events.
Trustees have a fiduciary duty to maintain records, make distributions, manage investments, and communicate with beneficiaries while acting with integrity for the good of the beneficiaries.
Simply knowing or being a part of the family is not a good reason to be designated as a trustee.
Trustees must be organized, discerning, and impartial.
When trusts or family relationships are more complex, a professional or institutional trustee can benefit the trust.
The absence of successor trustees can compromise the trust if something prevents the original trustee from serving.
Include trustee designations in regular estate plan reviews to ensure the plan continues to align with current circumstances.
This post is for informational purposes only and does not provide legal advice. You should consult an attorney for advice on any specific issue or problem. Nothing herein creates an attorney-client relationship between Harvest Law KC and the reader.
Reference: USA Today (Aug. 21, 2026) "Before death, ask yourself how much you trust your trustee"
REMEMBER: “The choice of a lawyer is an important decision and should not be based solely upon advertisements.”
This statement is required by rule of the Supreme Court of Missouri.
