Call Now!
Trust Companies Serving as Trustee

Trust Companies Serving as Trustee or Successor Trustee

Authored by:

Dave Schleiffarth

David has been practicing law since 2019 provides guidance and unique solutions to cusomers with their Estate Planning, Wills, Trusts, Speciall Needs Planning and Business Formation.

Share

Estate planning is a difficult topic for most families. It can be very confusing and can affect your family for generations to come. But trust can be an important part of preparing your loved ones for the future.

We understand that the responsibilities can be overwhelming. Trust companies can help by offering essential trustee and successor trustee services. 

The Law Office of David S. Schleiffarth, LLC supports your estate planning. Call us today to schedule a consultation and make sure your estate is secured.

What Are Successor and Corporate Trustees?

A successor trustee manages a trust when the original trustee cannot or will not act. This often happens after the death or incapacity of the trust’s creator.

A corporate trustee is a legal entity, usually a trust company or bank. They are responsible for managing trust assets professionally. These entities offer expertise and objectivity. This ensures the trust is managed according to its terms.

Successor trustees bear significant responsibility. They must understand the trust document in detail. They manage trust assets and distribute them according to the trust’s instructions. The role requires diligence and a grasp of the legal and financial aspects. Selecting the right trustee is crucial for effective management.

Corporate trustees provide a professional approach to trust management. They offer continuity, expertise, and impartiality. This helps when family issues prevent a member from being a trustee. Their involvement can avoid potential conflicts and ensure efficient trust administration.

Seeking a simpler alternative for managing and transferring assets? Find out if a totten trust may be right for you.

Benefits of a Corporate Trustee

The use of corporate trustees offers several advantages. They bring a high level of expertise in trust law and investment management. It ensures trust assets are managed in the beneficiaries’ best interest. Corporate trustees can access many investments. They can boost the growth of trust assets.

Corporate trustees also provide continuity. A corporate trustee is a legal entity. It can manage the trust for a longer time than an individual trustee, who may be unable to serve due to personal reasons or death. This continuity is particularly valuable for trusts designed to last for many years.

Additionally, corporate trustees offer impartiality. Family dynamics can complicate trust management when a family member is the sole trustee. A corporate trustee acts independently. This ensures objective, unbiased decisions. This impartiality helps in managing trusts equitably and fairly.

Choosing the Right Trustee

Selecting the right trustee is a critical decision. It requires evaluating the needs of the trust carefully. Consider the capabilities of potential trustees and the expectations of the beneficiaries. A good trustee should have financial acumen. They must pay attention to detail. The ability to manage complicated financial affairs is important.

Assess the trustee’s experience and expertise. A professional trustee, such as a trust company, usually has more resources. They often have more experience than an individual trustee. They can provide a higher level of service. This ensures the trust is managed according to the highest standards.

Trustworthiness is essential. The trustee will have significant control over the trust’s assets. Choosing someone reliable is important. They must act in the beneficiaries’ best interest. Whether a family member or a professional trustee, the selected individual or entity should have a proven track record of integrity and responsibility.

Corporate Trustee vs. Individual Trustee

The choice between a corporate trustee and an individual trustee depends on several factors. Corporate trustees offer professionalism and impartiality. This makes them suitable for complex trusts involving significant assets or multiple beneficiaries. They bring a structured approach to trust management, backed by a team of experts.

Individual trustees, like family members or close friends, may add a personal touch. They may also understand family dynamics better. However, they may lack the expertise and objectivity that a corporate trustee provides. It is essential to consider the benefits and drawbacks of each option before deciding.

In some cases, a combination of both may be the best solution. This approach allows for professional management while retaining a personal connection. The individual trustee knows family matters. The corporate trustee handles the finances and admin.

Trust Company vs. Bank

When choosing a corporate trustee, you can select either a trust company or a bank. A trust company specializes exclusively in managing trusts and estates. It offers focused expertise in trust law.

Trust companies excel at handling complex trust arrangements. They suit those needing expert management and a deep knowledge of trust administration. Their expertise ensures compliance with legal requirements and alignment with the grantor’s intentions.

Banks offer a broader range of financial services. This can benefit those seeking thorough financial management. Besides trust administration, banks provide services such as investment management, financial planning, and other banking services. These resources can help. However, bank trust services may lack the expertise of a dedicated trust company.

When choosing between a trust company and a bank, assess your needs and the trust’s nature. Consider factors like trust complexity, specialization level required, and service range needed.

Choose a trust company if the trust involves intricate details requiring specialized management. Opt for a bank if you need a wider range of financial services alongside trust administration. Base your decision on the bank or trust company’s unique requirements and the desired level of service and expertise.

Best Practices for Working with a Trust Company

Working with a trust company offers many advantages. It significantly streamlines trust administration and ensures professional and efficient asset management.

At the outset, it is crucial to define your expectations and objectives clearly. This foundational step sets the stage for successful collaboration. Once you know your goals, tell the trust company your expectations. This ensures alignment and allows the trust company to manage your assets according to your goals.

Regular communication with the trust company is important. Open communication keeps them updated on changes in family, finances, or trust requirements.

This facilitates effective trust management and enables you to monitor their performance closely. Providing feedback is crucial to ensure the trust company meets your expectations and adjusts as necessary.

Before selecting a trust company, conduct a thorough review of their track record, expertise, and services. This due diligence ensures you make an informed decision. Consider speaking with other clients or beneficiaries who have worked with the trust company.

These conversations provide valuable insights into the company’s performance, reliability, and reputation. Be critical and ask questions during this process. It is important to feel confident in your choice since you are entrusting them with your valuable assets.

What to Expect from a Trust Attorney

A trust attorney plays a vital role in estate planning and trust administration. We provide legal advice, draft trust documents, and ensure compliance with trust laws. Our guidance is essential in managing a trust effectively.

Expect your trust attorney to offer advice on choosing the right trustee, structuring the trust, and managing any legal issues. We can also assist in resolving disputes among beneficiaries or trustees.

A good trust attorney will build a strong, trusting relationship with you based on open communication. They should be approachable, responsive, and willing to provide clear explanations. This relationship is vital for managing trust and your estate goals.

Disadvantages of Trust Companies Serving as Trustees

While trust companies offer many benefits, there are potential drawbacks to consider. One disadvantage is the cost. Trust companies typically charge fees for their services. Over time, these can be costly. Check the costs and the services they provide. Make sure you are making the best financial decision.

Another consideration is the potential for impersonal service. A trust company may lack the personal connection of a family member or close friend when contacting the beneficiaries. This can sometimes lead to decisions that do not fully align with the family’s wishes.

Some beneficiaries may feel uncomfortable with a corporate entity managing the trust. It is important to share the reasons for choosing a trust company. Also, reassure them of the benefits. Transparency can help alleviate your loved one’s concerns and foster trust.

Why Choose Our Law Firm?

The Law Office of David S. Schleiffarth, LLC does estate planning, wills, and trust management. We have a proven track record of assisting clients throughout the greater St. Louis, Missouri, area.

We aim to make estate planning easy and approachable. We will help you choose the appropriate trustee for your trust. We also prioritize open communication and transparency, so you can feel confident in the management of your trust.

Our law firm can guide you, whether you choose a corporate or an individual trustee. Trust us with your trust management needs — we are here to help.

Frequently Asked Questions

What is a trust company?

A trust company is a legal entity that manages trusts and related services. They have expertise in trust law and investment management. They handle trust assets well. Their professionalism and objectivity ensure the trust’s creator’s intentions are fulfilled. They have the infrastructure for complex financial tasks. This makes them more reliable for managing large estates.

Why choose a law firm for estate planning and trust management?

Choosing a law firm for estate planning and trust management offers many benefits. They give legal advice to ensure compliance with trust laws. They draft precise documents to protect your interests. Law firms can resolve legal disputes during trust administration. With deep estate planning knowledge, they can help create a strategy to efficiently pass on your assets.

What are the benefits of choosing a corporate trustee?

Choosing a corporate trustee offers many benefits. They provide professional, unbiased management and have expertise in trust law. They handle complex trust arrangements and offer tailored services for your trust’s needs. Corporate trustees ensure consistent, reliable management of your assets. They also have access to financial and legal resources to optimize trust performance while adhering to its terms.

How do I choose the right trustee for my trust?

Selecting the right trustee for your trust is crucial. First, consider the trust’s objectives and your expectations. Evaluate candidates based on their services and experience with similar trusts. Check their expertise in trust law, investment management, and reputation for trustworthiness. Interview potential trustees to ensure their management style fits your vision.

How do I choose the right trustee?

Choosing the right trustee involves thoroughly evaluating candidates’ qualifications and capabilities. Assess their expertise in managing trust assets and understanding trust law. Trustworthiness is crucial, as they must faithfully execute your wishes. Consider both corporate and individual trustees. Focus on their experience, reputation, and service. Discuss your specific needs and expectations with them to find the best fit for your trust.

What are the fees associated with trust companies?

The fees charged by trust companies vary based on the services provided and the complexity of the trust. It is crucial to review the fee structure in detail to understand how it aligns with the goals and size of the trust. Trust companies typically charge fees for investment management and admin services. They also charge for other specialized tasks. These can be structured as flat fees, percentage-based fees, or a combination of both. Ensure transparency about any extra costs. Confirm that the fee agreement supports the trust’s long-term goals.

What should I consider when reviewing trust documents before signing?

It is important to ensure that the terms align with your estate planning objectives. Pay attention to the distribution provisions and how the assets will be managed. Confirm that all the trustees’ powers and duties are clearly outlined to prevent future misinterpretations. Check the language for clarity and legal compliance. Consulting with a trust attorney can provide invaluable insight to address any concerns and ensure that your trust is structured to fulfill your wishes.

How do trust companies manage trust assets?

Trust companies manage trust assets. They have skilled pros in investment and trust management. They focus on maximizing asset growth while adhering to legal requirements. They create tailored investment strategies, balancing risk and return to meet trust objectives. Regular monitoring and reporting ensure transparency. This builds trust with beneficiaries and aligns with the creator’s intentions.

What is the role of a trust attorney?

A trust attorney is vital for establishing and managing trusts. They draft trust documents to meet the creator’s intentions and comply with trust laws. Trust attorneys provide guidance on legal issues, resolve disputes, and amend trusts when needed. Their expertise ensures your estate is handled as you wish and protects your beneficiaries.