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Secret Trustee

Last Updated: September 9, 2025

DEAR TRUST OFFICER:

My brother recently died tragically, survived by three children. Now I’ve been informed that in his will my brother named me as trustee for a trust for the three kids! He never mentioned it to me, and I don’t want to take on a job I know nothing about. I suspect that my brother thought it would be a great honor, an expression of his faith in me. I guess I’m flattered, but can I get out of this assignment? Or do I really have to just find time in my busy life for yet another duty?

-POTENTIAL TRUSTEE

DEAR POTENTIAL:

Trusteeship is a voluntary undertaking. You are not the trustee of this trust yet, and you won’t be until the will is probated. The probate court will ask you if you accept becoming the trustee, and you are free to refuse. You need not give any reasons for your decision, as far as the court is concerned, but it would be more diplomatic if you shared your thoughts with the family.

You are wise to be wary of this responsibility. The duties of a trustee are considerable, and not to be taken lightly. This is why trustees are paid fees for their services, which include detailed recordkeeping, asset management, tax filings, and reporting to beneficiaries. What’s more, some trusts may empower the trustee to exercise nonfinancial judgments, as in withholding distributions from a beneficiary who develops a substance abuse problem, or advancing distributions for specified situations or emergencies.

Naming a family member as a trustee is not unusual, and sometimes it works out well. However, you should have been asked about shouldering this important task.

Do you have a question concerning wealth management or trusts? Please contact us at 219-755-6110.

(August 2025)

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