A Trustee is a person or entity (for example, a bank) given the responsibility of managing the property for the benefit of another person (beneficiary) according to the Trust terms (instructions) set out by the Trustor (Trust creator). While a Trustee is not expected to be a legal or financial expert, a Trustee is charged with a fiduciary duty of acting in utmost good faith, diligence and honesty on behalf of the Trust’s beneficiaries. A Trustee’s duties may vary depending on the size and complexity of the Trust, but some common duties are listed below:
- Promptly inform beneficiaries of the Trust’s existence, their status as beneficiaries and right to obtain information about the Trust or Trustee’s duties;
- Notify beneficiary of contact information for any Trustee(s) and compensation information;
- Inform beneficiaries of significant information needed to protect the beneficiary’s interest;
- Maintain separate accounts and investments for the Trust and invest prudently;
- Maintain accurate records, file tax returns and report to beneficiaries as Trust requires.