Selecting a Fiduciary For Your Estate Plan

Legal Article

Selecting a Fiduciary For Your Estate Plan

Selecting a fiduciary for your estate is one of the most crucial decisions in estate planning, as this person or institution will manage your assets, carry out your wishes, and protect the financial interests of your beneficiaries. Here are key factors to consider:

1. Trustworthiness and Reliability

  • Integrity: Choose someone you trust deeply, as they’ll have direct access to your assets.
  • Decision-Making: They should be able to make unbiased decisions that align with your wishes, even if there are challenges or conflicts.

2. Financial Acumen

  • Your fiduciary should be capable of managing investments, paying debts, and distributing assets according to your estate plan.
  • A professional or institutional fiduciary (like a bank trust department or a law firm) might be a better choice if your estate is complex or if your beneficiaries have unique needs.

3. Organizational Skills

  • Estate management involves record-keeping, tax filings, and asset distribution. Someone detail-oriented and organized is essential.

4. Communication and Conflict Resolution Skills

  • A fiduciary should be able to communicate openly and mediate conflicts, especially if there are multiple beneficiaries.

5. Availability and Longevity

  • Choose someone who is willing and able to fulfill the role over a long period. If you’re considering an individual, pick someone younger or consider co-fiduciaries to ensure continuity.

6. Professional Fiduciaries

  • Professional fiduciaries, such as corporate trustees or trust companies, bring expertise and objectivity. However, they may charge a fee, which can be based on the estate’s size and complexity.

7. Familiarity with Your Wishes and Values

  • It’s helpful if they know your family dynamics and values, especially if your estate plan has specific nuances, such as charitable giving or managing family-owned businesses.

8. Consider a Successor

  • Name a successor fiduciary in case the primary choice is unable or unwilling to serve. This is particularly useful if you choose an individual rather than an institution.