Choosing the Right Trustee: Your Legacy Depends on It

When you set up a trust as part of your estate plan, one of the most important decisions is who will serve as trustee. This isn’t just a title—it’s a serious responsibility that can have a lasting impact on how your assets are managed and distributed.

But what exactly does a trustee do, and how do you make sure you choose the right person for the job?

Why Trustees Matter

The trustee is the person (or institution) responsible for managing the trust according to your instructions. They hold a fiduciary duty, meaning they are legally and ethically obligated to act in the best interests of the trust’s beneficiaries.

Without a capable trustee, your carefully designed estate plan could fall apart—leading to mismanaged assets, family disputes, and delays in distribution.

What a Trustee Actually Does

A trustee’s duties may include:

• Managing trust assets – This includes investing funds, maintaining properties, or running a business if it's held in the trust.
• Paying bills and taxes – Trustees ensure taxes are paid and debts are settled.
• Distributing assets – According to the terms of your trust, the trustee will oversee when and how beneficiaries receive their inheritance.
• Keeping records – Accurate and transparent recordkeeping is essential for both legal and family trusts.

In short: the trustee steps into your shoes when you're no longer here (or able) to manage your estate.

How to Choose the Right Trustee

Here’s what to consider before naming someone:

• Trustworthiness & Integrity – The role requires someone who is responsible, honest, and reliable.
• Financial Acumen – While they don’t need to be a financial expert, they should understand how to manage money—or know when to hire help.
• Impartiality – Family dynamics can get complicated. Choose someone who can stay fair and objective.
• Time & Availability – Being a trustee can be time-consuming. Make sure your choice has the capacity to take on the role.

If your trust is complex or your family situation sensitive, you may also consider a professional trustee, such as a bank, attorney, or trust company.

How to Name a Trustee

The process is simple with the right legal support:

1. Meet with an Estate Planning Attorney – Discuss your goals and the responsibilities involved.
2. Document the Choice in Your Trust Agreement – Your attorney will ensure this is done properly and legally.
3. Communicate with Your Chosen Trustee – Let them know you’ve named them and explain what to expect.

Let Rutkowski Law Firm Help You Make the Right Choice

Choosing a trustee is one of the most crucial parts of estate planning. At Rutkowski Law Firm, we help you evaluate your options, structure your trust with clarity, and ensure that your legacy is protected for the next generation.