You can’t trust just anyone to handle your affairs after you pass away; you need to place your assets into the hands of someone capable of fulfilling your final wishes.
Knowing what to look for in a trustee for your living trust significantly decreases the chances of any legal complications or foul play, ensuring your assets go to the people you intended. Meticulously prepare before the inevitable, and make sure you are confident in your selection.
A History of Good Judgment
Before doing anything, you need to establish if this person has a well-documented history of making informed financial decisions. You need someone competent who can guarantee that they will oversee the dissemination of your assets and that they can adapt to changing situations.
Putting your possessions into the hands of someone incapable of the responsibilities risks improper discernment or legal ramifications. You won’t be around to ensure a smooth transition, so you must be secure in the competency of the person you charge with your assets.
No Conflicts of Interest
Your trustee must also have no conflicts of interest that will interfere with the administration of the trust. The trustee must not show any favoritism when they begin the disbursement of assets; this will only complicate the process, and mismanagement can potentially ensue. Make sure they have no stake in where your assets go and are unbiased.
Potential trustees who have some conflict of interest, even if they do not deviate from your wishes, can complicate matters, possibly leading to litigation. Choose someone who has no emotional connection to the assets and will gain nothing from them.
Adequate Financial and Legal Knowledge
The entire process will require a level of knowledge about financial and legal matters, a situation that is near-impossible to navigate to the uninitiated. You need someone with the experience and education to handle the situation properly, ensuring the uninterrupted transition of assets.
This consideration will be the most significant filter for the trustee, as not many people have the knowledge necessary to fulfill the respective duties. A lack of understanding will significantly slow down the process or bring it to a halt entirely until they can figure out the proper legal proceedings.
Don’t Cut Corners
When you need to draft a living trust, you don’t want to expedite the process without understanding everything there is to know. Know some legal professionals who can help you understand your role in the process and learn how to best select a trustee who can safely fulfill the requirements of the position. Knowing what to look for in a trustee for your living trust is essential and not something you want to do lightly.
