Frequently Asked Questions

What does a trustee do?

Short answer

A trustee is the person or group in charge of a trust. The trustee follows the trust instructions, takes care of the trust property, keeps records, pays bills when needed, and helps the people the trust is meant to support.

In this answer

A trustee is the person or institution responsible for managing a trust.

The trustee does not get to do whatever they want. The trustee must follow the trust document and the law. The trustee’s job is to manage the trust property for the benefit of the people or organizations named in the trust.

The Trustee Follows the Trust Instructions

The trust document explains what the trustee is allowed or required to do.

It may say who should receive money or property, when distributions can be made, what bills should be paid, and how property should be managed.

The trustee’s job is to read those instructions carefully and carry them out.

The Trustee Takes Care of Trust Property

A trustee may need to manage money, real estate, business interests, personal property, or other assets.

This may include keeping property safe, paying expenses, working with banks or financial advisors, handling insurance, selling property when needed, or making sure assets are properly titled.

The Trustee Communicates and Keeps Records

A trustee often needs to communicate with beneficiaries and keep clear records.

This may include tracking money that comes into the trust, money that goes out, bills that are paid, property that is sold, and distributions that are made.

Good records help protect the trustee and help beneficiaries understand what is happening.

The Trustee Must Act Carefully

A trustee has a serious responsibility.

The trustee must act in the best interests of the trust and the beneficiaries. A trustee should not use trust property for personal reasons unless the trust allows it.

Because trustees have legal duties, many trustees work with an attorney, accountant, financial advisor, or other professional when administering a trust.

Related questions

What is a trust?

A trust is a legal arrangement for holding and managing property for someone’s benefit. The person who creates it, called the settlor, sets the instructions. A trustee follows those instructions for the beneficiaries. The trust document matters, but the plan also depends on which assets are actually placed in the trust or otherwise coordinated with it.

Learn more: What is a trust?

What is a living trust?

A living trust is a trust created during your lifetime. It gives a trustee instructions for managing trust property and identifies who benefits from it. People often use “living trust” to mean a revocable trust, but a living trust can also be irrevocable. Its terms and funding determine how it works during your life and after your death.

Learn more: What is a living trust?

What is a revocable trust?

A revocable trust is a trust the settlor can change or cancel during their lifetime, subject to its terms and applicable law. The settlor can generally direct how its assets are used and can take them back from the trustee. It can help provide for management during incapacity and a private transition after death when the assets and other parts of the estate plan are properly coordinated.

Learn more: What is a revocable trust?

What does it mean to fund a trust?

Funding a trust means transferring assets into it so the trustee can manage them under the trust’s instructions. The steps depend on the asset: a home may require a recorded deed, while a bank account or business interest requires a different form of transfer. Beneficiary designations also need review, but naming a beneficiary is not the same as transferring an asset into the trust.

Learn more: What does it mean to fund a trust?

What are the different types of trusts?

There are many types of trusts. Some are used to help with everyday estate planning. Others are used for taxes, asset protection, special needs, charities, businesses, or long-term family planning. The right trust depends on what the person is trying to do.

Learn more: What are the different types of trusts?

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Foundational Estate Planning

Foundational estate planning helps organize revocable trusts, wills, powers of attorney, probate avoidance, and incapacity planning into a clear legal framework your family can understand and rely on.

Have questions about your own planning? Talk with Cardon Law.

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