Maybe you're thinking, “Who on earth am I going to name as my trustee?” Or perhaps you've picked the perfect person, only to have them say, “Thanks, but no thanks!” Either way, don't let that stop you from moving forward with your estate planning.
If the time comes for someone to step in as trustee and nobody is available, your trust's backup provisions and state law determine what happens next. If those options don't work, a court may need to appoint someone for you. That can mean extra time, expense, and someone making a decision you would probably rather make yourself.
The good news? You don't need all the answers before we start! We'll talk through the concerns, explore your options, and find a practical solution. Because the best trustee isn't just someone you trust. It's someone who's actually willing and able to do the job!
No Trustee Candidates? Let's Talk About Your Options
Maybe you don't have a family member or friend who can step into the trustee role. And honestly, that can feel a little overwhelming, especially if you've spent your life being the person everyone else depends on. But here's the good news: Not having someone in mind doesn't mean you're out of options!
Professional trustees are worth considering. These might include an individual professional fiduciary, a bank, or a trust company. They're paid to manage trusts and have legal responsibilities to the beneficiaries. Of course, not every professional or institution will accept every trust, so doing a little homework matters.
Before you assume “That's going to cost a fortune!” or “They won't understand my family!”, let's get some actual answers.
Here are a few questions worth asking:
What assets will you manage? Will you handle real estate, business interests, or other assets in my trust?
What will this cost? Are there minimum fees, asset requirements, or additional charges?
Who will my family actually work with? Who answers their questions and makes decisions?
When do fees begin? And what happens if you can no longer serve?
And please, get those fees in writing! For example, a 1% annual fee on a $500,000 trust would be $5,000 per year. But minimum fees and additional charges can change that number. That's just an illustration, not a quote or a typical rate.
Remember, choosing a trustee isn't just about finding the cheapest option. It's about finding someone who will actually take care of the people you love. You want to know how they'll communicate with your family, handle requests, and explain their decisions.
The bottom line: Don't rule out a professional trustee because you assume it's too expensive or too impersonal. Get the facts first. You might be surprised by the options available.
Before You Cross That Trustee Off Your List
Before you start crossing people off your trustee list, let's find out what they're actually worried about. There's a big difference between someone saying, “I don't know anything about managing investments,” and “I'm already taking care of my spouse and can't possibly take on another responsibility.” Neither means they don't love you. But they do tell us different things.
First, a little clarification. A successor trustee is the person who steps in to manage your trust when certain circumstances arise, like your death or incapacity. Just because you name someone today doesn't mean they're taking over your finances tomorrow! Sometimes simply explaining that makes the job feel a whole lot less intimidating.
So, what's really behind the hesitation?
Not knowing what's involved? Maybe they don't understand what a trustee actually does.
Afraid of making a mistake? They're worried about the legal responsibilities or doing something wrong.
Already overwhelmed? They simply don't have the time, health, or energy to take on another role.
Family drama? They're worried about dealing with beneficiaries who might not see eye to eye.
We're not trying to convince someone to take a job they don't want. We're trying to figure out whether a little education or professional support would make them more comfortable, or whether we really need to find someone else.
Someone who's nervous about managing money might feel better knowing they can work with a financial advisor or accountant. But someone who's already stretched too thin? We need to respect that.
And if the hesitation is about family conflict, that's a whole different conversation. Hiring an accountant isn't going to magically fix complicated family dynamics! We need to understand those relationships before putting someone in the middle of them.
The bottom line: Before moving on to another trustee, find out what's behind the hesitation. Sometimes a little guidance makes all the difference. Other times, the best decision is finding someone who's a better fit.
Your Trustee Doesn't Have to Do It All Alone
Let's say your sister tells you, “I'd love to help, but I don't know the first thing about filing a trust tax return!” Good news! She doesn't need to become an accountant overnight. Depending on the trust and applicable law, trustees can hire qualified professionals to help with certain responsibilities, and reasonable expenses can generally be paid from the trust.
But here's the catch: Getting help doesn't mean getting off the hook! Your trustee still has legal responsibilities to the beneficiaries and needs to choose and oversee those professionals carefully. So simply saying, “Don't worry, you can hire someone!” doesn't tell the whole story.
Imagine your trust owns a house, a couple of investment accounts, and money intended to support a younger family member. Preparing tax returns? That's something an accountant can handle. Deciding whether to give that family member money for a particular expense? That's a trustee decision. Your sister needs to understand the difference before agreeing to the job.
Another possibility is creating an arrangement where your sister works alongside a professional trustee or trust company. Perhaps the professional handles investments and administration while your sister makes decisions about distributions to family members. But that division of responsibilities needs to be carefully spelled out in the trust and permitted under state law. Simply naming two trustees doesn't automatically divide up the work!
And this is important. We don't want someone agreeing to be trustee because we've convinced them everyone else will handle the hard stuff. We want them to understand what they're signing up for and feel comfortable with the support available.
Because a yes only helps if they actually understand what they're saying yes to!
The bottom line: Your trustee doesn't need to be an expert at everything, but they do need to understand their responsibilities. Professional help can make the job easier, but it doesn't make those responsibilities disappear.
Don't Let the Trustee Question Hold Up Your Estate Plan
Here's an important distinction: You don't need to know who your trustee will be before we start planning. But we do need to figure that out before we finalize your plan! I'm encouraging you to start the conversation, not sign documents with a big question mark where your trustee should be.
In the meantime, there's plenty we can accomplish. We can talk about what you own, who you're trying to protect, and what you actually want your money to accomplish. Because before we ask someone to take on the job, we should probably figure out what the job involves!
For example, managing money for a loved one who needs ongoing support is very different from selling a house and dividing the proceeds among your children. Different responsibilities may call for different people.
And remember, your trustee doesn't have to be your everything person! The person managing your trust doesn't necessarily need to be the same person handling your other financial matters or making medical decisions. Those roles involve different legal documents and responsibilities.
One more thing worth knowing: If you have a revocable living trust, you can generally change your successor trustee later, provided you have the legal capacity and authority to do so under the trust and applicable law. But that doesn't mean we should name someone we already know isn't a good fit just to check the box!
The bottom line: Don't let an unanswered trustee question stop you from starting your estate plan. Bring that question to the planning table, and we'll work through it together.
Choosing a Trustee Is About More Than Getting a Yes
When we're figuring out who should serve as your trustee, I'm looking at a whole lot more than who's willing to say yes! I'm looking at your family relationships, your assets, and what you ultimately want your money to accomplish. With your permission, we can even bring your financial advisor or accountant into the conversation to make sure everyone understands their role and nothing falls through the cracks. Because a great estate plan is about having the right people in the right roles, not just filling in the blanks!
And here's something I think is really important. As your Personal Family Lawyer® firm, our relationship doesn't end when you sign your documents. When life changes or your family needs guidance, we're here to help. Your loved ones shouldn't have to piece together your wishes from a stack of paperwork or wonder why you made certain decisions. They'll have someone who knows your story and can help them understand what comes next, even though we're not the ones serving as trustee.
The bottom line: Choosing a trustee isn't about finding someone to fill a spot. It's about creating a plan that actually works for you and the people you love.
Here's Your Next Move
Think about what's really holding you back from choosing a trustee. Is there nobody who comes to mind, or has someone raised concerns you don't know how to address? Bring those questions to our conversation. You don't need all the answers before we start. That's my job!
At 20West Legal, we don't believe in cookie-cutter estate planning. As your Personal Family Lawyer® firm, we help create an Estate Plan that reflects your family, finances, and wishes, including finding the right trustee and support.
And remember, our relationship doesn't end on signing day! When your family needs guidance, they'll know who to call.
Ready to get started? Schedule a complimentary 15-minute discovery call: https://pages.20westlegal.com/schedule/15-minute-intro-call
This article is a service of 20West Legal, a Personal Family Lawyer® Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer an Estate Planning Session, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule an Estate Planning Session.
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