Home Blog Trustee

Jump to Section

Quick Facts — Trust Lawyers

A trustee is an individual or entity lawfully responsible for managing assets or property for another person or group. Trustees are also appointed to watch and safeguard properties, decide on investment opportunities, and allocate funds or belongings to beneficiaries in accordance with a trust deed. What follows is the role of a trustee, types of trusts, and duties of a trustee, among other things.

Steps to Select a Trustee

Selecting a trustee is an important decision that requires careful thought. A trustee is an individual or organization appointed to manage and protect assets for the benefit of one or more beneficiaries. Additionally, the trustee’s job is to act in the best interest of the beneficiary, see to it that the trust is administered according to its provisions, and meet both fiduciary and legal duties. Here are effective steps you can go through when choosing a trustee.

  1. Define the Purpose of Trust First. The first step in selecting a trustee involves identifying the purpose of the trust. In fact, there are various reasons why someone may choose to establish a trust like charitable giving, estate planning, asset protection, or special needs planning. Once you have identified those goals, you will determine what kind of person would be suitable for this role.
  2. Identify Possible Trustees Next. After defining the purpose, start looking for potential trustees who may hold your assets while implementing all provisions within it with utmost prudence and honesty. The decision could either fall on an individual such as a family member, friend, or professional advisor or on a corporate entity such as a bank, trust company, or law firm. You must evaluate their experience level, credentials, availability, and integrity when deciding on potential trusteeship options. Another consideration might be whether any conflicts of interest exist between those trustees and beneficiaries due to personal proximity (e.g., familial ties) or financial connections.
  3. Assess the Skills and Knowledge of the Trustee. It is, therefore, necessary for you to assess their skills, knowledge base, etc, after having seen some potential individuals making up possible candidates. Above all else, any person playing this role should understand about laws governing trust administration, especially in taxation matters as well as finance management factors. Besides that, they also ought to possess good communication ability coupled with interpersonal skills, which will play a critical part, i.e., relating with beneficiaries, consultants, and even other stakeholders.
  4. Consider the Availability of the Trustee. The trustee’s availability is critical as well. A trustee should be present to handle the trust effectively and perform their duties appropriately. They should also be ready to dedicate their time and effort toward fulfilling these obligations. For an individual trustee, this means assessing their current commitments in terms of work and family life, plus efficiency in managing time.
  5. Prepare a Trustee Appointment Document. After you have found a suitable candidate for being a trustee, you should prepare a document that appoints them as such. Such a document should cover the name, address, responsibilities, and liabilities of the selected person while setting out conditions like compensation or reimbursement provisions to him/her, and any restriction on his/her powers or authorities.
  6. Complete the Appointment Formalities. In order for the appointments to be formalized, it is necessary that you sign the appointment document before a notary public. It certifies that this agreement can become enforceable in court if the need arises for its enforcement later on. Depending on whether the trust in question has been filed anywhere before, as well as statutory requirements relating thereto may necessitate registration with particular bodies like courts or the IRS being done.

Trust Templates

Purchase and download templates drafted by lawyers in our network that match your needs.
Lawyer Services Available
100% Lawyer Drafted
Instant Download
Template Irrevocable Trust - Individual
Template Irrevocable Trust - Individual
View More...
Lawyer Services Available
100% Lawyer Drafted
Instant Download
Template Revocable Trust
Template Revocable Trust
View More...
*By purchasing a template, you acknowledge that you have read and understood ContractsCounsel's Terms of Use.

The Role of a Trustee

Handling all assets that belong to the trust is one of the duties of a trustee for the purpose of benefiting beneficiaries. The person who has been given this responsibility is called a fiduciary. The last word suggests that they should act in the best interests of beneficiaries and manage the trust’s possessions economically and reasonably. Moreover, trustees are responsible for investing their trust assets in such a manner as would match what was stipulated by the settlor when they created the trust and keep up with requirements put forth by successors.

Meet some lawyers on our platform

Lori B.

214 projects on CC
CC verified
View Profile

Allen L.

121 projects on CC
CC verified
View Profile

Jane C.

258 projects on CC
CC verified
View Profile

Dolan W.

1057 projects on CC
CC verified
View Profile

Kinds of Trusts

Types of trusts are varied, and each has its own peculiarities and requirements. They include:

  • Irrevocable Trust : A trust that cannot be changed or canceled once it is created.
  • Revocable Living Trust : This is a trust that the person creating it sets up during their lifetime, which can be amended or revoked at any time by the creator.
  • Testamentary Trust : These are trusts made through wills that become operative upon the death of the person making them.
  • Charitable Trust: A form of trust established for charitable purposes.
  • Special Needs Trust: This refers to trusts set up to provide maintenance and support for a disabled person.

Primary Obligations of a Trustee

The duties of a trustee can differ depending on the terms of the trust arrangement and the type of trust involved. However, some general duties of a trustee include:

  • Duty of Loyalty : The duty to be faithful to all beneficiaries and avoid conflicts of interest
  • Investment of Trust Assets: This includes managing the funds in line with what the trust intends.
  • Record Keeping: A person in this position is expected to keep proper books on such issues as transactions and activities associated with trusts.
  • Administration of the Trust: This involves dealing with assets under its control so that it is managed as provided for in the trust instrument.
  • Communication with Heirs: Informing beneficiaries about how their trust is being spent by reporting back to them at regular intervals.
  • Duty of Care : In taking care not to commit any breach hereof, he or she should act prudently while in charge of his fiduciary obligations towards managing assets belonging to dependants.
  • Distribution of Trust Assets: The trustee is responsible for ensuring that beneficiaries as provided under the terms of the trust agreement.

Key Terms for Trustees

  • Trust Instrument: Legal papers that state the rules of a trust, which include trustees’ authorities and duties, beneficiaries, and properties of the trust.
  • Beneficiary: This is an individual or organization that stands to gain from a trust. The receivers are individuals, charities, or any other groups.
  • Principal: These are assets kept in a trust fund and controlled by the beneficiary through their trustee’s
  • Distribution: This implies transferring property held in trust to beneficiaries as stated in the instrument.
  • Discretionary Trust: A type of fiduciary arrangement wherein the legal custodian has control regarding the time frame and manner payments will be made on behalf of those to whom it was established.

Final Thoughts on Trustees

Managing assets and property for others is a vital role of a trustee. The trustee, in addition, is a fiduciary who must act with the best interests of the beneficiaries in mind and prudently manage and carefully administer the trust property. In addition, there are several types of trusts that differ based on their characteristics. The obligations of trustees may be different depending on what the trust agreement states as well as the type of trust at issue. So, suppose you are thinking about making a will. In that case, you should seek advice from an experienced lawyer or financial planner who can help guide you through this complicated process and make sure your assets are handled according to how you want them done.

If you are looking to get free pricing proposals from vetted lawyers that are 60% less than typical law firms, you can Click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a Trust?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 20,314 reviews

Meet some of our Lawyers

Kenneth G. on ContractsCounsel
View Kenneth
4.9 (11)
Member Since:
November 25, 2023

Kenneth G.

Partner
Free Consultation
Washington, DC
19 Yrs Experience
Licensed in DC, PA
Georgetown University

Kenneth E. Gray, Jr. is a business and tax attorney who advises entrepreneurs, investors, and closely held companies on transactions, tax planning, disputes, and long-term wealth structuring. He focuses on helping clients make legally sound decisions that also make business sense. Ken’s practice includes business formation and restructuring, mergers and acquisitions, private investments and fundraising transactions, contract drafting and negotiation, and cross-border matters. He also maintains a significant tax practice, advising on federal and state structuring, specialty filings (including partnership, corporate, and non-resident matters), and representing clients in disputes before the U.S. Tax Court and other federal and state tribunals. In addition to his transactional work, Ken handles commercial and business litigation, including tax controversies, financial disputes, and partnership matters. His litigation experience informs how he structures deals and governance documents, with an eye toward preventing disputes before they arise. Ken also advises individuals and families on estate planning, trust formation, tax-efficient wealth transfer strategies, and probate administration, including planning involving closely held businesses and foreign assets. Before practicing law, Ken worked in banking and private equity, including managing a $5 billion emerging markets fund-of-funds portfolio at the U.S. Overseas Private Investment Corporation (OPIC) and serving in equity research at ABN AMRO. That financial background allows him to understand transactions from both the legal and capital perspective. He holds a J.D. from Georgetown University Law Center and an MBA from Yale University. He practices before the U.S. Tax Court, various state courts, and other federal courts.

Recent  ContractsCounsel Client  Review:
5.0

"It is not easy to find a lawyer that knows Offshore Asset Protection Trusts, which own a foreign LLC, which owns a USA LLC. Fines could reach $100K if the tax forms are incorrect, or not filed. He was able to review my draft returns and provide memos with required changes (many, many changes), after 1 follow-up everything was basically done other than a few tiny edits. I really appreciated how he worked me in, right in the busiest time of tax season, to ensure there were no errors. Would definitely hire again."

Anand A. on ContractsCounsel
View Anand
5.0 (39)
Member Since:
July 17, 2022

Anand A.

Counsel
Free Consultation
Philadelphia, PA
12 Yrs Experience
Licensed in NJ, PA
Rutgers University School of Law

Anand is an entrepreneur and attorney with a wide-ranging background. In his legal capacity, Anand has represented parties in (i) commercial finance, (ii) corporate, and (iii) real estate matters throughout the country, including New Jersey, Pennsylvania, Delaware, Arizona, and Georgia. He is well-versed in business formation and management, reviewing and negotiating contracts, advising clients on financing strategy, and various other arenas in which individuals and businesses commonly find themselves. As an entrepreneur, Anand is involved in the hospitality industry and commercial real estate. His approach to the legal practice is to treat clients fairly and provide the highest quality representation possible. Anand received his law degree from Rutgers University School of Law in 2013 and his Bachelor of Business Administration from Pace University, Lubin School of Business in 2007.

Recent  ContractsCounsel Client  Review:
5.0

"Anand was a pleasure to work with! He was very thorough and professional."

Ryan W. on ContractsCounsel
View Ryan
5.0 (11)
Member Since:
June 8, 2021

Ryan W.

Attorney
Free Consultation
Mechanicsburg, PA
16 Yrs Experience
Licensed in PA
Widener University Commonwealth School of Law

Ryan A. Webber focuses his practice primarily on Estate Planning, Elder Law, and Life Care Planning. His clients range from young families concerned about protecting their family as well as aging individuals. Ryan provides Estate Planning, Trust Planning, Special Needs Planning, Public Benefit Planning, and Estate Administration. Ryan focuses on the holistic approach to the practice of elder law which seeks to ensure clients are receiving good care when needed and that they preserve enough assets with which to pay for such care. Many families and individuals also come to Ryan for preparation of their wills, power of attorney, and healthcare guidance documents. Additionally, Ryan assists small and medium sized business owners with their organizational and planning needs. From starting or winding down a business, Ryan provides quality business advice.

Recent  ContractsCounsel Client  Review:
4.7

"Ryan helped me better understand my contract (he explained the legalese) and potential issues relating to it. He noticed things I wouldn't have noticed."

Ralph S. on ContractsCounsel
View Ralph
5.0 (59)
Member Since:
October 31, 2021

Ralph S.

Business, contract, prenup and startups Attorney
Free Consultation
Gainesville FL
15 Yrs Experience
Licensed in DC, FL, MA
University of Florida Levin College of Law

Ralph graduated from University of Florida with his JD as well as an LLM in Comparative Law. He has a Master's in Law from Warsaw University , Poland (summa cum laude) and holds a diploma in English and European Law from Cambridge Board of Continuous Education. Ralph concentrates on business entity formation, both for profit and non profit and was trained in legal drafting. In his practice he primarily assists small to medium sized startups and writes tailor made contracts as he runs one of Florida disability non profits at the same time. T l Licensed. in Florida Massachusetts and Washington DC this attorney speaks Polish.

Recent  ContractsCounsel Client  Review:
5.0

"I had an excellent experience working with Ralph on my prenuptial agreement. From the beginning, Ralph was professional, knowledgeable, and incredibly patient. He took the time to explain the legal concepts, options, and implications in a way that was clear and easy to understand. He never made me feel rushed and was always willing to answer my questions thoroughly. What I appreciated most was his ability to make a potentially stressful process feel comfortable and straightforward. Ralph completed the agreement much faster than I expected, while still being extremely thorough and attentive to detail. I am extremely happy with his work and would not hesitate to recommend Ralph to anyone needing assistance with contracts or other legal agreements. His professionalism, responsiveness, and genuine willingness to help made all the difference. Thank you, Ralph, for making this process such a positive experience."

Yoann E. A. L. on ContractsCounsel
View Yoann E. A.
Member Since:
October 29, 2021

Yoann E. A. L.

Attorney
Free Consultation
California
7 Yrs Experience
Licensed in CA
Concord Law School at Purdue University Global

For over 15 years, I accumulated both hands-on technical and business experience as an IT engineer and entrepreneur, enabling me to understand your challenges probably better than anyone else on the legal market! My California-based full-online practice focuses on: - Intellectual Property (Copyright / Trademarks) - Privacy / Data Protection - Commercial matters (e.g. service contracts) - Corporate (e.g. incorporation, restructuring)

Melanie C. on ContractsCounsel
View Melanie
Member Since:
October 31, 2021

Melanie C.

Business & Intellectual Property Attorney
Free Consultation
NY/NJ
22 Yrs Experience
Licensed in NJ, NY
Emory University School of Law

Melanie Cunningham specializes in helping entrepreneurs remain creative and expansive by establishing the foundation of their business and protecting and maximizing their intellectual property. It’s her belief that entrepreneurs and micro and small business owners play a critical role in our communities, which propelled Melanie to return to private practice after more than a decade working for global financial institutions. Melanie’s practice is dedicated to delivering excellent legal support and protection to this vital, but an often underserved, community. Melanie credits her business training and the skills developed as a senior compliance officer with enabling her to help small business owners have a legally compliant business, while proactively advising clients during the growth process. She’s helped diverse entrepreneurs do business in a way that focuses more on collaboration than competition. Melanie has counseled small business owners in determining what is protection worthy (helping them obtain trademarks and copyrights) and making contact on their behalf in the case of infringement.

Find the best lawyer for your project

Browse Lawyers Now

See Real Trust Projects

Florida Florida Irrevocable Trust Drafting
  • Florida
  • 3 lawyer bids
  • $225 - $750
View Details
Illinois Will and Irrevocable Trust Drafting
  • Illinois
  • 3 lawyer bids
  • $3,000 - $3,500
View Details
Texas Irrevocable Trust Drafting
  • Texas
  • 5 lawyer bids
  • $700 - $7,500
View Details
South Dakota Soouth Dakota or Nevada Asset Protection Trust Drafting
  • South Dakota
  • 2 lawyer bids
  • $3,000 - $5,750
View Details
Texas Walker Trucking Trust Drafting
  • Texas
  • 4 lawyer bids
  • $700 - $4,500
View Details
Georgia irrevocable trust georgia Drafting
  • Georgia
  • 3 lawyer bids
  • $790 - $2,000
View Details

See all Trust projects

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a Trust?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 20,314 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Estate Planning Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with a Trust?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 20,314 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city