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Family Office: Questions To Ask As You Select A Trustee


  • How does the trustee feel about the beneficiary?

  • Is the trustee familiar with my philosophy and desires and is he or she willing and able to implement them consistently with the guidelines in the trust?

  • Does the trustee have the required interpersonal skills? Are they someone who will listen carefully to the beneficiary's concerns?

  • Will the trustee explain the decisions diplomatically-or is the trustee likely to be condescending or dictatorial?

  • If the trustee is authoritarian or controlling, is it likely they will simply ignore the settlor's intent, the trust's requirements, and the law?

  • Can the trustee be impartial and fair with the current beneficiaries and future beneficiaries?

  • Is the trustee likely to be a ''soft touch'' in yielding to a beneficiary's demands; can they say ''no'' when appropriate?

  • Does the nature of any beneficiary's needs pose particular challenges that the trustee is unable to meet?

  • Do any of the beneficiaries have a history of substance abuse?

  • Are any of the beneficiaries ''overly generous'' to others ''spendthrift''?

  • Do any of the beneficiaries lead financially risky lifestyles?

  • Will the trust be a 'special needs'' trust, drafted to allow the beneficiary to qualify for public benefits?

  • Is the trustee knowledgeable about the beneficiary's special needs?

  • Does the trustee understand public assistance eligibility rules and how trust distributions affect, and are affected by, such assistance?


    Would the trustee's impartiality be clouded by issues such as the following:

  • Is there a conflict of interest? Is the trustee a future beneficiary of the trust?    

  • Will the trustee be subject to pressure or influence exerted by a beneficiary-or will another beneficiary have that perception, even if untrue?

  • Is there a chance the trustee will show favoritism to a particular beneficiary. Or will a beneficiary suspect favoritism even if there is none?

  • Does the trustee have a personal interest in any asset in which the trust has an interest (such as a closely held business)?

  • Is there any reason the trustee or beneficiary might be uncomfortable sharing information with each other?

  • Do the beneficiaries have the appropriate level of respect for the trustee?

  • Does the trustee have the expertise and sophistication to act as trustee?

  • How will the trustee be compensated for serving as trustee? Will fees be paid? What is ''reasonable'' compensation?

  • How will the trustee relate to ''Ghost Players'', individuals with no formal role in the trust, such as beneficiary spouses or parents, who may have a negative influence on the beneficiaries or the trustees?


Caution! Trustees can be personally liable to the beneficiaries; trustees are often sued by beneficiaries if they are seen to have ''breached'' their duties as trustee.

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