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Fiduciaries of all types are under scrutiny for implementing practices that are in the best interest of beneficiaries of the trust they manage. Liability can extend beyond business to personal liability and trustees need to be armed with knowledge of where things can go wrong. Because the duties of a trustee are often complex and unique, it is imperative that the trustee familiarize themselves with the responsibilities and risks before taking on this important role. 

Whenever my five-year old finds coins on the ground, he gets really excited. He’ll pick up that penny or a quarter and exclaim, “Look at all my money!”  In his eyes, he’s become the richest boy around. After all, money can mean different things to different people. But how would he handle it if he really did end up with a large sum of money with no one else to help? This is where financial conservatorships and guardianships are important.  

When it comes to estate planning there are terms and titles that people often use interchangeably. Power of attorney, executor, trustee, and beneficiary are just a few that come to mind. While these titles certainly fit in the estate planning category, each carry their own unique responsibilities and power. Two that are often confused, or lack the true understanding around, are power of attorney vs. trustee. Let’s break down the difference of each role and get into a few other roles that help support estate administration. 

Regardless if you are an experienced fiduciary functioning as conservator, an executor working to close a family member’s estate, or a new trustee for a close friend’s trust, the process of locating and marshaling assets can be challenging. 

If you are in the process of estate planning, naming a trustee and successor trustee is a critical piece of the puzzle. In their role, a trustee is legally responsible for the assets held within the trust. They assume fiduciary responsibility, which means the actions and decisions they make should be in the best interest of the trust. Acting as trustee is no easy feat, the duties and responsibilities of a trustee are often complex and time consuming, so it goes without saying naming the trustee of your trust is a decision that should be carefully considered.

Protecting your family’s legacy through a family trust is an essential part of estate planning. No matter which type of trust you choose, selecting the right trustee is arguably the most important step in the process. Since you stumbled across this article, let’s assume you, the reader, have been selected as family trustee – congratulations!

There’s nothing better than a fresh chocolate chip cookie straight from the oven.  Soft, not crispy, with the chocolate in that perfect gooey texture. There’s that perfect window of time before the cookies cool off and go into the cookie jar for the grandchildren.  If grandma’s nice, she’ll let you sneak a couple before dinner, but usually they’re kept safe so as not to spoil dinner. But, what do cookies have to do with revocable vs irrevocable trusts?