• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • WHO WE ARE
    • About Our Firm
    • Attorney and Staff Profiles
    • News and Events
  • Areas We Serve
    • Essex County, MA
      • Andover
      • North Andover
    • Hillsborough County, NH
      • Manchester
      • Nashua
    • Middlesex County, MA
      • Concord
      • Lexington
      • Wakefield
      • Winchester
      • Woburn
    • Rockingham County, NH
      • Exeter
      • Londonderry
      • Salem
  • Services
    • Asset & Business Planning
    • Elder Law & Medicaid Services
    • Estate And Gift Tax Figures
    • Family-Owned Businesses & Farms
    • Legacy Planning Services
    • LGBTQ Estate Planning
    • Loss Of A Loved One
    • Pet Planning
    • Power Of Attorney
    • Probate and Trust Administration
    • SECURE Act
    • Special Needs Planning
    • Young Families
  • Elder Law
    • Coping with Alzheimer’s
    • Hospice Care
    • Medicaid Planning
    • Nursing Home Planning
  • Resources
    • Elder Law
      • Elder Law & Medicaid Definitions
      • Elder law reports
      • Elder Law Resources
        • Elder Law Resources – Londonderry, New Hampshire
        • Elder Law Resources North Andover, Massachusetts
        • Nashua, New Hampshire Elder Law Resources
        • Woburn, MA Elder Law Resources
    • Estate Planning
      • Estate Planning Articles
      • Estate and Gift Tax Figures
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Asset Protection Planning
      • Business Planning
      • Charitable Gifting
      • Estate Planning
      • Elder Law
      • Frequently Asked Questions for Families Without an Estate Plan
      • Incapacity Planning
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid Planning
      • Trust Administration & Probate
      • Wills and Trusts
    • Medicaid Calculator
    • Newsletters
    • Pre Consultation Form
    • Presentations
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss Of A Loved One
      • Probate Resources
        • Nashua, New Hampshire Probate Resources
        • Probate Resources – Londonderry, New Hampshire
        • Probate Resources – North Andover, MA
        • Probate Resources – Wakefield, Massachusetts
        • Woburn, MA Probate Resources
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
    • Published Books
  • Seminars
    • Live Seminars
    • Online Seminars
  • Videos
  • Contact Us
  • Blog
  • Reviews
    • Our Reviews
    • Review Us

DeBruyckere Law Offices, PC

Serving Southern New Hampshire & Essex Country, Massachussetts

Call us today(603) 894-4141

(978) 969-0331

Online Seminars
Attend Free Seminar
Home » Trust Administration » Benefits of Choosing a Professional Trustee

Benefits of Choosing a Professional Trustee

August 24, 2021Trust Administration

North Andover trust attorneys

One thing that all trusts have in common is the need to appoint a Trustee to oversee the administration of the trust. This is also where many people the mistake of appointing a spouse or close friend to the position without objectively considering the individual’s qualifications for the job. The North Andover trust attorneys at DeBruyckere Law Offices help you to understand the benefits of appointing a professional Trustee.

What Does a Trustee Do?

The overall job of a Trustee is to protect and grow the trust assets and administer the trust according to the terms created by the Settlor. The specific duties and responsibilities of a Trustee are numerous and varied; however, they typically include things such as:

  • Managing and protecting trust assets
  • Abiding by the trust terms unless they are impossible, illegal, or unconscionable
  • Investing trust funds using the “Prudent Investor Standard”
  • Monitoring trust investments
  • Communicating with trust beneficiaries
  • Resolving conflicts among beneficiaries
  • Making discretionary decisions
  • Distributing trust funds to beneficiaries
  • Approving or denying distributions if given discretionary authority
  • Keeping detailed trust records
  • Preparing and paying trust taxes

Benefits of a Professional Trustee

Settlors often appoint a spouse, family member, or close friend as the Trustee of their trust based solely on the fact that they “trust” that person to have their best interests at heart. Although admirable, good intentions are not usually sufficient to successfully administer a trust. A professional Trustee is usually a better choice for several reasons. 

Experience is among the most important reasons to appoint a professional Trustee. Successfully administering a trust requires a certain amount of legal and financial knowledge and experience. The Trustee of a trust should ideally be familiar with all the applicable state and federal laws that govern trust administration. In addition, a Trustee needs to have the financial wherewithal to invest the trust assets in a way that they will grow over the lifetime of the trust. Not only will a professional Trustee typically have considerably more experience than someone close to you, but a professional also brings objectivity to the position. 

If your Trustee has the authority to make discretionary disbursements, a professional Trustee is typically more likely to be objective when deciding if a request for a disbursement should be granted because the Trustee does not know the beneficiary on a personal level. This also helps when a conflict arises. A Trustee is often called upon to resolve conflicts among beneficiaries and is always required to try to prevent them from occurring in the first place.  When the Trustee knows the beneficiaries on a personal level it can be much more difficult to avoid, or help resolve, conflicts.

Liability is yet another consideration when choosing a Trustee for your trust.  Under certain circumstances, a Trustee can be held liable for the loss of assets or other negative outcomes during the administration of the trust. Not only would you not want someone close to you to be in such a position, but a professional Trustee is less likely to be in that position because he/she has the experience and the knowledge to avoid those circumstances.

Finally, you need to consider whether your spouse, friend, or family member really wants to serve as your Trustee. If the trust you create is a testamentary trust it means you will have recently passed away when the trust activates. A spouse, family member, or friend may not want to act as your Trustee while grieving your recent death. With a professional Trustee you do not have to worry about whether he/she is willing and able to serve.

Contact North Andover Trust Attorneys

For more information, please join us for an upcoming FREE seminar. If you have additional questions about appointing a professional Trustee, contact the North Andover trust attorneys at DeBruyckere Law Offices by calling (603) 894-4141 or (978) 969-0331 to schedule an appointment.

Can a be held personally liable for mistakes?

A Trustee does face the risk of being held personally liable for errors or mistakes under certain circumstances.

How does my Trustee know what my wishes are?

As the Settlor of the trust, you will create the trust terms that guide the administration of the trust. You will also typically include a “trust purpose” in your trust agreement.

Is a Trustee entitled to a fee?

Yes. A Trustee (professional or otherwise) is entitled to a reasonable fee for his/her time dedicated to the administration of the trust.

  • Author
  • Recent Posts
Daniel DeBruyckere
Daniel DeBruyckere
Attorney Daniel A. DeBruyckere has been practicing law in New Hampshire and Massachusetts since 1998, and has helped hundreds of clients with their estate planning and elder care issues. He is very well respected in the area of estate planning, probate, trust administration, elder law issues, and business planning.
Daniel DeBruyckere
Latest posts by Daniel DeBruyckere (see all)
  • Understanding Your Life Insurance Options - May 12, 2022
  • Just When You Thought You Understood the 10-Year Rule, Think Again - May 10, 2022
  • Let’s Talk about Trusts…and Taxation - May 5, 2022

Other Articles You May Find Useful

DeBruyckere Law Offices, PC | Estate Planning & Medicaid Attorneys
How Can an Incentive Trust Help Me?
North Andover trust attorneys
How Much Does a Trustee Get Paid?
Londonderry trust attorney
When Does a New Hampshire Trust Terminate?
Londonderry trust administration attorneys
5 Reasons to Hire an Attorney If You Are the Trustee
Woburn trust attorneys
What Type of Trust Is Right for Me?
North Andover estate planning attorney
Why Would I Create an Intentionally Defective Trust?

Download our free Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube

Blog Subscribe

  • This field is for validation purposes and should be left unchanged.

Testimonials

I felt complete trust and confidence in Dan DeBruyckere and his staff. They have a caring, low-key approach and there is no pressure to add products to the estate plan; rather he makes me aware of changes in the law, etc. I always learn something new to assist me in our planning!

LN

Your seminar was the only seminar we attended without financial advisors wanting to invest our money instead of protecting it! The information this firm provided was easy to understand even though it is a difficult topic. Thank you for all of your help!

HR

We both felt so comfortable in they way our Estate Planning was handled. We felt like someone was watching out for our best interest. Everyone we worked with at the firm was thorough, and explained everything in a way where we could walk away feeling like everything was complete.

RS

A truly great experience all the way through. Felt like we were a part of the family! Thank you.

LW

We could not have picked a more qualified law firm. Everyone that we came in contact with made us feel at ease.

Happy Client

DeBruyckere Law Offices, PC footer

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
footer-logo

© 2022 DeBruyckere Law Offices
All Right Reseved.

Attorney Advertisement

© 2022 American Academy of Estate Planning Attorneys, Inc.