When Should You Name a Corporate Trustee?

When people think about estate planning, they often focus on wills, trusts, beneficiaries, and powers of attorney. But there is another important question that can be easy to overlook:

Who will manage the trust when you are no longer able to — or you no longer want to?

For some families, the answer is a trusted family member or friend. For others, choosing a corporate trustee — like a bank or trust company — can provide expertise, continuity, and objectivity.

If you have adult children, the typical solution in this situation is that the ‘kids’ will be named the trustee once you’re gone.

But it isn’t always that simple.

So, when does hiring one make sense?

When the trust may last for many years

Some trusts are designed to continue for decades, perhaps providing for children, grandchildren, or future generations. Asking one individual to serve as trustee for that long can be a significant responsibility.

A corporate trustee can provide continuity even if an individual trustee becomes ill, moves away, dies, or simply decides the job has become too burdensome.

When family dynamics could complicate things

Being a trustee isn't just an administrative job. It can involve making difficult decisions about money that affect family relationships.

For example, imagine one sibling serving as trustee for a trust benefiting several siblings. Even when that trustee is following the trust's instructions, other family members may question the decisions.

A corporate trustee provides an independent third party to administer the trust according to its terms, potentially removing some of the emotion from the process.

When the trust is complex

A corporate trustee may also make sense when a trust involves substantial or complicated assets, multiple beneficiaries, real estate, business interests, or significant ongoing distributions.

Professional trustees have experience with fiduciary responsibilities, recordkeeping, tax reporting, distributions, and other administrative requirements.

Professional trustees have experience for a job that your adult child may be performing for the first time… ever… with your legacy as their guinea pig.

That doesn't mean the corporate trustee has to handle everything. A trustee, financial advisor, CPA, and estate planning attorney can each play different roles.

When a beneficiary needs ongoing oversight

Sometimes a trust is created because a beneficiary isn't expected to manage a significant inheritance independently.

A corporate trustee can provide structure and consistency when a trust requires ongoing decisions about distributions for education, housing, health care, or other needs.

When you want a professional fiduciary

Serving as trustee comes with significant legal and fiduciary responsibilities. Some people are comfortable taking that on; others would prefer to have a professional handle it.

A corporate trustee serves as an independent fiduciary whose responsibility is to administer the trust according to its terms — not based on family preferences or personal relationships.

But a corporate trustee isn't always the right answer

If a trust is relatively simple and a responsible family member is willing and capable of serving, a corporate trustee may add unnecessary cost and complexity.

There is also a middle ground. A family member, financial advisor, and corporate trustee can sometimes work together, with each taking responsibility for different aspects of the family's financial life.

Ultimately, the question isn't simply "Should I hire a corporate trustee?"

It's "Who is best positioned to carry out the responsibilities of this trust — now and potentially for the next generation?"

The answer depends on the size and complexity of the assets, family dynamics, the needs of the beneficiaries, and the willingness and ability of an individual to serve.

Estate planning is about more than deciding who receives your assets. It's also about deciding how those assets will be managed and who will be responsible for carrying out your wishes when you aren't there to do it yourself.

If you're considering a trust, it's worth discussing the trustee decision with your estate planning attorney and financial advisor.

The right choice can provide not only effective management of your assets, but peace of mind for the people you leave behind.

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