Trusts Frequently Asked Questions

Can I be the trustee of my own trust or do I need to appoint someone else?

When considering establishing a trust, one common question that arises is whether you can serve as the trustee of your own trust or if you need to appoint someone else. The answer to this question varies depending on the type of trust you're establishing and your unique circumstances. Let's delve into this topic to provide clarity on the matter.

Firstly, it's important to understand the role of a trustee in a trust arrangement. The trustee is the individual or entity responsible for managing the assets placed in the trust for the benefit of the beneficiaries. Their duties typically include investing trust assets, distributing income and principal according to the terms of the trust, and fulfilling any other responsibilities outlined in the trust document.

In many cases, individuals choose to serve as the trustee of their own trust, especially if the trust is revocable. A revocable trust, also known as a living trust, allows the grantor (the person who establishes the trust) to retain control over the trust assets during their lifetime. As the grantor and trustee of a revocable trust, you maintain the ability to amend, revoke, or terminate the trust at any time, providing flexibility and control over your assets.

However, there are certain situations where it may be advisable or necessary to appoint someone else as the trustee. For instance, if you anticipate incapacity or if you want to ensure the seamless administration of the trust after your passing, you might opt to designate a successor trustee to step in and manage the trust on your behalf. This ensures continuity in trust management and avoids potential disruptions in asset management and distribution.

Additionally, if you're establishing an irrevocable trust, which cannot be modified or revoked once created, you may be required to appoint a trustee other than yourself. Irrevocable trusts are often utilized for estate planning purposes, asset protection, or to achieve specific tax benefits. In such cases, appointing an independent trustee can add a layer of impartiality and ensure compliance with legal and tax requirements.

In conclusion, whether you can serve as the trustee of your own trust depends on several factors, including the type of trust, your preferences, and your unique circumstances. While serving as your own trustee offers control and flexibility, there may be instances where appointing someone else is more appropriate or necessary. Consulting with a knowledgeable estate planning attorney can help you understand your options and make informed decisions that align with your goals and objectives.