Who Should Be the Trustee in Kansas?

December 24, 2023

Estate planning is a journey that requires thoughtfulness, especially when it involves setting up a trust in Kansas. A crucial decision in this process is choosing the right trustee. At the Law Office of Andrew Rowe, P.A., we believe in guiding our clients through this decision with clarity and insight. A trustee plays a pivotal role – they’re responsible for managing the trust’s assets, adhering to its terms, and acting in the best interest of the beneficiaries. It’s a role that demands integrity, responsibility, and, in many cases, a certain level of financial acumen.

Personal Trustee vs. Professional Trustee

When setting up a trust, one of the most crucial decisions is selecting the right trustee. The choice between a personal trustee and a professional trustee involves weighing various factors, including the complexity of the trust, the nature of the assets, the dynamics of the beneficiary relationships, and the level of experience required. Here’s a detailed look at both options:

Personal Trustee

A personal trustee is typically a close family member, friend, or acquaintance of the trustor (the person who creates the trust). This individual is chosen based on personal trust and knowledge of the family dynamics.

  1. Advantages:
    1. Familiarity with Family Dynamics: Personal trustees often have a deep understanding of the trustor’s wishes and the needs of the beneficiaries.
    2. Personalized Attention: They may provide more personalized care and attention to the beneficiaries’ needs.
    3. Cost: Generally, a personal trustee might not charge for their services, or if they do, the fees are usually lower than those of a professional trustee.
  2. Considerations:
    1. Lack of Professional Experience: They may lack financial or legal experience, which is crucial for managing more complex trusts.
    2. Potential for Bias or Conflict: Personal relationships might lead to perceived or actual biases, especially in contentious family situations.
    3. Emotional and Time Burden: Managing a trust can be time-consuming and emotionally taxing, especially if the trustee is also grieving the loss of the trustor.

Professional Trustee

A professional trustee is an individual or entity (like a bank, trust company, or law firm) with experience in managing trusts. They are selected for their professional skills and experience rather than personal relationships.

  1. Advantages:
    1. Experience: Professional trustees have the necessary legal and financial experience to manage complex trusts and make informed decisions.
    2. Impartiality: They can act impartially, which is beneficial in situations where family dynamics are complicated.
    3. Continuity and Stability: Professional trustees offer continuity, as they are not subject to personal life changes that might affect a personal trustee.
  2. Considerations:
    1. Cost: Professional trustees charge fees for their services, which can be a significant consideration, especially for smaller trusts.
    2. Lack of Personal Connection: They may not have a personal relationship with the trustor or beneficiaries, which could lead to a more impersonal administration of the trust.
    3. Standardized Approach: Professional trustees might adopt a more standardized approach to trust management, which may not always align with the unique preferences of specific beneficiaries.

Key Qualities to Look for in a Trustee in Kansas

Choosing a trustee isn’t just about their relationship to you. It’s also about their capability to handle the responsibilities. Here are some key qualities to consider:

  • Trustworthiness: This is non-negotiable. Your trustee should have a solid track record of honesty and integrity.
  • Organizational Skills: Managing a trust requires a good deal of paperwork, tax filings, and record-keeping.
  • Financial Savvy: While they don’t need to be financial professionals, a basic understanding of financial matters is crucial.
  • Communication Skills: They should be able to communicate clearly and effectively with beneficiaries and legal professionals.

The Impact of Your Choice on Family Dynamics

The choice of a trustee can significantly impact family harmony. A family member as a trustee might strain relationships, especially if conflicts of interest arise. On the other hand, an external trustee might be viewed as too detached. It’s a delicate balance, and at the Law Office of Andrew Rowe, P.A., we help you overcome these personal dynamics with sensitivity and professionalism.

The Law Office of Andrew Rowe, P.A. is Here to Guide You

While we’re always on hand for urgent situations, please be aware that the typical process from consultation to finalizing the paperwork usually spans a month. Call us today at 316-202-0131 or online to schedule a consultation with a dedicated Estate Planning Lawyer serving clients in Kansas. Preparing for the future doesn’t have to be overwhelming. Let us assist you in making informed decisions about choosing the right trustee for your trust.