Ask Heidi: Should My Trustee Be My Spouse or Child?

Trustee

When selecting a trustee only you know your family members’ strengths and weaknesses, putting you in the best position to decide if your spouse or child can appreciate a trustee’s responsibilities.

Being a trustee creates many duties under state law. These include, but are not limited to, impartiality between the current and future beneficiaries’ interests, properly accounting for all beneficiaries and prudently investing trust funds.

Questions to consider:

  • Can your trustee separate his or her personal feelings and interests from those of the beneficiaries and exercise good judgment?
  • Will all parties be treated impartially if your children are not your spouse’s children?
  • Does your trustee have an ability to analyze investments?
  • Will there be a temptation for your trustee to risk hoping for a hefty return at the expense of the other beneficiaries?
  • What if your spouse re-marries?
  • Will a child who is trustee be able to exercise sound judgment when a sibling is a beneficiary or will tension develop between them?

Heidi S. Webb, Attorney at Law, serves clients in Daytona Beach, Ormond Beach, Port Orange, Melbourne and beyond with matters of Elder Law, Estate Planning, and Probate Law.  

Contact her today to schedule a free consultation. Visit her page on Facebook, or see what her clients are saying to learn more about Heidi.

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