As an experienced trusts and estates practitioner, I advise that selecting the right Trustee has the potential to make or break a plan. I advise clients regarding the practical impact of the duties of a Trustee: how they affect relationships with beneficiaries, interactions with family members, and the potential for conflict. These realities often do not become clear until long after the Grantor (individual creating the Trust) has died, at which point changing the Trustee can be difficult or expensive. A Trustee is not merely a name in a document; rather, the Grantor entrusts the implementation and realization of their legacy to the Trustee. If the Trustee lacks proper preparation, temperament, or discipline, the consequences can ripple for years and ultimately lead to failure of the plan. Let’s explore why Trustee selection matters so much and how to make this decision with confidence and foresight.
The Trustee’s role encompasses more than mere administration. The Trustee makes many day-to-day decisions, yet many think of the Trustee as someone who “moves the assets around” or “signs the checks.” That perception ignores a significant part of the role. Trustees must balance competing beneficiary interests, respond to market fluctuations, handle tax matters and distributions, communicate clearly with beneficiaries—including difficult ones—and know when to bring in professional advisors and how to evaluate them. Trustees operate at the intersection of finance, psychology, and law. Few individuals thrive in all three areas. Discussing this with clients helps them make informed decisions regarding Trustee selection.
Personality and conflict avoidance matter. In practice, the worst conflicts arise not from a lack of legal authority but from human dynamics. Consider common issues that result in litigation, a Trustee who resents the beneficiaries, a Trustee who has a beneficial interest under the Trust and struggles with impartiality, a family Trustee lacking financial literacy, or co-Trustees who cannot agree on anything. Most Grantors name a spouse, adult child (often the eldest), or close friends as the Trustee because those individuals occupy a position of love and trust in their life. Unfortunately, the Grantor often fails to consider whether that individual communicates well, says no when necessary, handles confrontation without escalation, or even wants the job once they understand the accompanying obligations. Encouraging the Grantor to consider personality alongside fiduciary duties and responsibilities helps guide them in choosing the right Trustee and avoiding problems later.
Sometimes, the Grantor wants to appoint two (or more) individuals to serve as co-Trustees. During my years in private practice, I routinely advised against appointing co-Trustees without including a mechanism for resolving disputes. Fortunately, many viable options exist, whether through an internal tie-breaking mechanism in the Trust instrument or appointment of a neutral third party. The Trust should include language addressing how disagreements will be handled when they inevitably arise. Proper preparation avoids ending up at the courthouse.
In other cases, the Grantor prefers to name a professional fiduciary. While some clients recoil at the idea of a corporate or professional Trustee due to concerns about fees or impersonal service, that option is preferable to an unprepared or conflicted friend or family Trustee. The latter can cost far more in terms of stress, animosity, and litigation risk. Professional Trustees typically bring institutional experience, impartiality in family disputes, neutral decision-making, and established reporting and compliance processes. Here, the attorney adds significant value by helping the client select the right professional, balancing cost against complexity, asset size, and family structure.
No one creates an Estate Plan hoping it becomes a courtroom battleground, yet unaddressed Trustee issues are among the most common triggers when plans go sideways. When advising clients on Trustee selection, experienced Estate Planning attorneys guide clients by discussing the role of Trustee along with the duties and obligations that accompany the office. Further, they evaluate whether the proposed Trustee can manage conflict respectfully and impartially, has the time, temperament, and acumen necessary to fulfill the office. Finally, the client and I consider whether the individual wants to serve. Addressing these issues prior to executing the plan helps ensure that the client’s legacy will thrive long after their death.
If estate planning is about protecting a legacy, Trustee selection is about ensuring that protection endures. As you work with clients or as you consider your own plan, remember that the language of the Trust is only as powerful as the person entrusted to interpret and implement it. Choose well. Communicate clearly. This will give your client’s legacy the best chance to thrive.