An Irrevocable Life Insurance Trust (ILIT) is a focused estate planning tool used to hold life insurance policies outside of a taxable estate and to provide for beneficiaries according to carefully drafted instructions. When a client in Los Gatos or elsewhere in Santa Clara County considers a durable plan for transferring life insurance proceeds, an ILIT can preserve value and reduce potential estate tax exposure while ensuring clear distribution to heirs or other designated recipients. Our firm assists clients in evaluating whether creating and funding an ILIT fits their family dynamics, financial objectives, and long-term planning needs in California.
Choosing an ILIT requires thoughtful consideration of trust terms, funding mechanisms, trustee selection, and timing. The trust must be drafted to meet legal requirements, and coordination with the life insurance carrier and beneficiary designations is important to avoid unintended tax or probate consequences. For many families, an ILIT provides a way to protect proceeds for minors, special needs dependents, or to equalize inheritances when other assets are not liquid. Our approach emphasizes clear communication, careful documentation, and hands-on guidance through each planning step so clients understand the long-term implications of an ILIT.
An ILIT can offer important benefits by removing life insurance proceeds from an individual’s taxable estate, providing liquidity to pay debts and expenses, and creating defined distribution rules for beneficiaries. It can help protect proceeds from creditors or divorce in certain circumstances and can be tailored to provide ongoing management for recipients who may lack experience handling large sums. Proper implementation includes selecting a trustee who can manage trust assets and distributing policy proceeds in a manner consistent with the grantor’s wishes. Thoughtful trust drafting and coordination with other estate documents are essential to achieve these outcomes in California.
The Law Offices of Robert P. Bergman serves clients across Santa Clara County with estate planning services tailored to individual circumstances. Our attorneys focus on creating practical, durable plans that reflect each client’s family situation, financial structure, and long-term goals. We prepare trust documents, coordinate life insurance policies, and provide clear guidance about how an ILIT interacts with wills, powers of attorney, and health care directives. Clients benefit from attentive counsel throughout the planning process, including document preparation, funding guidance, and assistance with trustee transitions when needed.
An ILIT is a separate legal entity created to own a life insurance policy and manage the proceeds for designated beneficiaries. Once established and funded according to legal requirements, the policy and its proceeds are generally excluded from the grantor’s probate estate. Establishing an ILIT involves naming a trustee to hold the policy, drafting trust provisions that govern distributions, and coordinating gift tax considerations if the trust is funded by transfers to pay policy premiums. For many families, this structure offers predictability and protection when integrated into a broader estate plan.
The process of using an ILIT often involves transferring an existing policy to the trust or having the trust purchase a new policy, with the trustee managing premiums and claims. Timing matters because transfers may be subject to a three-year lookback rule for estate inclusion in some circumstances. The grantor typically gives beneficiaries limited rights while maintaining the trust’s independent status to preserve the intended estate treatment. Careful drafting and administration ensure the trust accomplishes the grantor’s goals while complying with relevant federal and state rules.
An Irrevocable Life Insurance Trust is a trust that cannot be revoked or altered by the grantor once it is properly executed and funded, and it specifically holds one or more life insurance policies for the benefit of named beneficiaries. The trust terms establish how and when proceeds are distributed and who is responsible for managing the assets. Because the trust is independently owned, its assets typically fall outside the grantor’s probate estate when the grantor dies. This structure can allow for controlled distribution of insurance proceeds and improved tax and creditor protection when used appropriately alongside other estate planning tools.
Core elements of an ILIT include the trust document itself, the naming of a trustee, the designation of beneficiaries, funding mechanics for premium payments, and provisions for distribution upon the insured’s death. The trustee’s responsibilities can include paying premiums, filing claims when appropriate, and making distributions according to the trust terms. To function as intended, the ILIT documentation and funding must be coordinated with beneficiary designations and overall estate planning documents. Proper administration preserves the trust’s objectives and helps avoid unintended tax inclusion or disputes among heirs.
Understanding common terms helps clients make informed decisions about an ILIT. Key concepts include grantor, trustee, beneficiary, trust corpus, funding, premium payments, and estate inclusion rules. Familiarity with these terms makes conversations about trust drafting and administration clearer, and ensures that decisions about trustee selection, distribution timing, and funding sources align with the client’s goals. We review these definitions in client meetings so that each person understands how the trust operates and how it coordinates with other estate planning documents.
The grantor is the individual who creates the trust and transfers assets or rights into it. In the ILIT context, the grantor typically owns the life insurance policy before transferring ownership to the trust or arranges for the trust to acquire the policy. Once the trust is funded, the grantor gives up control over the policy ownership to maintain the trust’s separate status. Understanding the grantor’s role clarifies how the trust is created and why certain formalities are required to achieve the intended estate planning outcomes.
The trustee is the individual or entity responsible for managing the trust’s assets and carrying out the terms set forth in the trust document. For an ILIT, a trustee handles premium payments when trust funds are available, communicates with the insurance company, files claims upon the insured’s death, and distributes proceeds to beneficiaries according to the trust terms. Trustee duties include recordkeeping and acting in the beneficiaries’ best interests while following the grantor’s written directions in the trust instrument.
A beneficiary is a person or entity designated to receive benefits from the trust. In an ILIT, beneficiaries are named to receive insurance proceeds either outright or according to conditions set in the trust document, such as staged distributions, educational provisions, or management by the trustee for ongoing support. Clear beneficiary designations and trust provisions help avoid disputes and ensure that proceeds are used as the grantor intended, whether for support, debt repayment, or legacy planning.
Funding an ILIT typically involves transferring ownership of an existing policy to the trust or having the trust purchase a new policy, with contributions to the trust used to pay premiums. Grantors may give annual gifts to beneficiaries or to the trust to cover premiums, and these transfers can be structured to qualify for the annual gift tax exclusion if handled correctly. Proper funding ensures the trust remains the owner of the policy and that proceeds will be managed and distributed under the trust’s provisions when payable.
When considering an ILIT, individuals also evaluate alternatives such as naming beneficiaries directly on policies, using revocable trusts, or relying on probate distributions. Each option has trade-offs related to control, tax consequences, creditor exposure, and administration complexity. Direct beneficiary designations may be simpler but lack the control and protection an ILIT can provide. Revocable trusts offer flexibility but do not remove the policy from the grantor’s taxable estate. Discussing these options helps determine which approach best fits a client’s priorities for asset protection, liquidity, and legacy planning.
For some individuals with modest estates or uncomplicated family situations, keeping a life insurance policy outside of a trust and naming beneficiaries directly can be a practical solution. This approach may minimize administrative complexity and preserve immediate access to proceeds by the named recipients. It is important to understand that while direct designation can be efficient, it provides less control over how proceeds are used and offers limited protection from creditors or disputes. Clients should consider family dynamics, potential future changes, and whether additional control or creditor protection is desired.
A limited approach focused on liquidity and speed of distribution may suit families who prioritize immediate access to funds for funeral costs, debts, or short-term needs. Direct beneficiary payouts can be processed more quickly than trust distributions in many cases, which may be important during a time of loss. However, direct payouts do not offer the same structured management or protection that a trust provides. Evaluating priorities such as speed, ease of access, and long-term protection helps determine whether a limited arrangement fits the overall estate plan.
A comprehensive approach with an ILIT allows grantors to control how life insurance proceeds will be used after death, provide for beneficiaries over time, and protect proceeds from incidental claims or creditors depending on circumstances. Detailed trust provisions can address educational expenses, support for dependents with special needs, or staged distributions that align with family goals. This structure can be particularly valuable for blended families or where the grantor seeks to preserve assets for specific purposes rather than allowing immediate lump-sum distributions without oversight.
When an estate plan involves multiple elements such as trusts, wills, powers of attorney, and retirement planning, an ILIT can be integrated to achieve cohesive results. This coordination helps avoid conflicts between beneficiary designations and trust provisions, ensures funding strategies are consistent, and reduces the risk of unintended estate inclusion or tax exposure. A comprehensive plan also anticipates life changes, providing mechanisms for trustee succession and amendment of related estate documents so the overall plan remains aligned with the grantor’s goals over time.
Adopting a trust-based approach can offer clarity about distribution intentions, reduce potential estate administration burdens, and provide for long-term management of funds for beneficiaries who may require oversight. An ILIT can supply liquidity to cover estate obligations without forcing the sale of other assets, and it can be drafted to reflect specific wishes about timing and conditions for distributions. This predictability can reduce family stress and help ensure that proceeds serve the purposes the grantor intended over the long term.
Beyond distribution control, an ILIT can be structured to address unique family considerations such as care for a dependent with special needs, support for minor children, or preservation of assets for future generations. The trust can include provisions for successor trustees, procedures for claim filing, and provisions to handle changes in law or family circumstances. When integrated with a complete estate plan, an ILIT contributes to a coherent strategy that balances immediate needs with future goals while reducing reliance on probate and court supervision.
One of the primary advantages of an ILIT is the ability to detail how and when beneficiaries receive proceeds, which can prevent misuse and provide structured support. Distributions can be tailored for education, healthcare, or staggered payments to preserve capital for long-term needs. This degree of control is often valuable when beneficiaries may not be ready to manage large sums or when the grantor wants funds to be used for specific purposes. The trust document becomes the roadmap that the trustee follows to implement those directions faithfully.
When properly structured and funded, an ILIT may help reduce the potential inclusion of life insurance proceeds in the grantor’s estate for federal tax purposes, and it can offer a layer of protection from certain creditor claims depending on circumstances and applicable law. This structure can preserve the intended value of the policy for beneficiaries rather than exposing it to estate settlement costs. Careful attention to timing, ownership transfers, and trustee independence is necessary to achieve these potential benefits and to ensure compliance with applicable rules.
Selecting the right trustee for an ILIT is an important decision because the trustee will manage the policy, pay premiums when funds are available, and distribute proceeds according to the trust’s terms. Choose someone who is financially responsible, organized, and willing to follow the grantor’s written instructions. Consider naming a professional trustee or a trusted family member with the ability to delegate administrative tasks. Planning succession for the trustee role ensures continuity and reduces the risk of administrative disruption when the grantor passes away.
Funding an ILIT often requires annual contributions or transfers to cover premium payments and maintain the trust policy. Understand how these transfers interact with gift tax rules and whether the annual gift tax exclusion can be used. Using clear documentation and consistent processes for gifting and premium payments helps avoid disputes and preserves the intended estate treatment. Discuss funding plans in advance so there is an agreed method for moving funds to the trustee and ensuring premiums are paid on time.
Consider an ILIT when preserving the proceeds of a life insurance policy for specific beneficiaries, reducing estate-related risks for those proceeds, or ensuring structured distributions is a priority. Families with minor children, individuals seeking to provide for a dependent with special needs, or those facing potential estate tax exposure may find the ILIT structure helpful. An ILIT also suits those who want to keep insurance proceeds out of probate and maintain a clear plan for how funds should be used, reducing uncertainty for surviving family members during a difficult time.
An ILIT may also be appropriate for clients who own substantial life insurance policies and wish to coordinate policy ownership with retirement planning, business succession, or legacy goals. By clarifying trustee duties and funding mechanisms in advance, a trust can prevent family disagreements and ensure proceeds are managed as intended. Reviewing an individual’s entire estate plan, including wills, powers of attorney, and beneficiary designations, helps determine whether an ILIT will complement other documents or whether alternative arrangements might better meet the client’s objectives.
Typical scenarios that prompt consideration of an ILIT include providing for minor children, protecting proceeds for a loved one with special needs, preserving wealth for future generations, or minimizing estate-related exposure for significant life insurance policies. Business owners often use trusts in coordination with succession plans to provide liquidity for buy-sell arrangements or to equalize inheritances among beneficiaries with differing roles. Each situation benefits from careful drafting to reflect family dynamics, financial realities, and long-term intentions for the insurance proceeds.
When children are minors at the time of a parent’s death, an ILIT can hold insurance proceeds and distribute funds according to criteria that reflect the children’s needs and maturity. The trust can appoint a trustee to manage funds for education, health care, and general support, reducing the risk that proceeds are spent in ways the grantor did not intend. Using a trust also simplifies administration by avoiding probate for these assets and provides an established mechanism for oversight as children grow into adulthood.
An ILIT can be part of a broader strategy to provide financial support for a dependent with special needs while protecting eligibility for public benefits. Trust provisions can be tailored to address the beneficiary’s care without creating unintended disqualifications from means-tested programs. The trustee can oversee distributions for housing, medical care, and other needs, offering an added layer of financial protection. Careful coordination with special needs planning considerations helps ensure that the trust supports the beneficiary without interfering with available government assistance.
For families focused on intergenerational wealth preservation, an ILIT provides structured control over how life insurance proceeds are held and distributed across generations. The trust can include terms that protect principal, set conditions for distributions, and direct funds to specific purposes such as education or business investment. This long-term perspective helps maintain family assets and reduces the likelihood that large disbursements will be dissipated quickly. Thoughtful drafting balances flexibility with protections to reflect the grantor’s legacy goals.
The Law Offices of Robert P. Bergman provides personalized estate planning guidance to individuals and families in Los Gatos and throughout Santa Clara County. We help clients design and implement trusts, wills, powers of attorney, and related documents that align with their goals. Our approach includes listening to family priorities, explaining technical aspects clearly, and preparing documents that are practical and durable. Clients appreciate hands-on support for trust funding, insurance coordination, and trustee selection, which helps ensure plans operate smoothly when they are needed most.
Clients choose our firm for attention to detail and a practical approach to estate planning matters that affect families and businesses. We provide comprehensive document drafting, careful coordination with life insurance carriers, and assistance with funding techniques that help achieve the intended trust outcomes. Our goal is to deliver clear, implementable plans that address the client’s priorities for distribution, protection, and administration of life insurance proceeds, while keeping communication straightforward and accessible throughout the planning process.
We work with clients to review existing estate plans, assess the interaction between beneficiary designations and trust documents, and recommend steps to align all elements. Our process includes advising on trustee selection, preparing trust instruments, and guiding clients through the mechanics of funding a trust to own a policy. By ensuring consistent paperwork and providing practical administrative guidance, we seek to minimize potential pitfalls and help families preserve value and clarity for future generations.
Our firm emphasizes responsive client service, prompt communication, and attention to the details that matter in trust administration. From initial planning conversations through final document execution and funding, we aim to make the process manageable and understandable. Clients benefit from a clear timeline, checklists tailored to their situation, and follow-up support to confirm that trust ownership and beneficiary designations have been properly implemented with insurance carriers and financial institutions.
Our process begins with a thorough intake meeting to understand family structure, financial assets, and objectives for the life insurance proceeds. We review existing policies and beneficiary designations, discuss funding options, and outline trust terms that reflect the client’s wishes. Following that, we prepare tailored trust documents, coordinate the transfer or purchase of policies by the trust, and provide guidance for gifting and premium payment mechanics. We also prepare ancillary documents such as powers of attorney and health care directives to ensure a cohesive plan.
During the initial consultation, we gather detailed information about family relationships, financial assets, existing estate documents, and the specific goals for the insurance proceeds. This conversation identifies whether an ILIT is appropriate, the desired distribution structure for beneficiaries, and the practical matters related to funding the trust. We explain the legal implications, timing considerations, and options for ownership transfer or policy purchase. A clear plan is developed to address these elements and to ensure the trust will function as intended when funded and activated.
We review any existing life insurance policies, beneficiary designations, and related financial account information to determine how best to integrate the policy with the trust document. This review identifies potential conflicts or administrative steps needed to transfer ownership and to ensure consistency across estate planning documents. Understanding the policy’s terms and the insured’s financial landscape allows us to recommend practical funding strategies and to anticipate any issues that could affect the trust’s intended operation.
We discuss options for trustee selection and distribution preferences, considering whether distributions should be outright, staged, or tied to specific milestones and needs. The trustee’s day-to-day duties, recordkeeping obligations, and authority regarding investments and distributions are defined in the trust document. Clear instructions about distributions, successor trustees, and contingency plans help avoid future disputes and provide a roadmap for trustees to manage the trust in accordance with the grantor’s wishes.
After establishing the plan design, we prepare the ILIT document and any associated paperwork needed to implement the plan. This includes drafting trust provisions that reflect distribution objectives, trustee powers and limitations, and administrative procedures. We also prepare any necessary beneficiary consent forms or transfer documents required by the insurance carrier when changing policy ownership. Clear, well-drafted documents reduce ambiguity and create a reliable framework for the trustee to follow upon the grantor’s incapacity or death.
The trust instrument is tailored to address the client’s objectives and to include provisions for trustee succession, distributions, and recordkeeping. Ancillary documents may include powers of attorney, health care directives, and instructions for coordination with existing revocable trusts or wills. By preparing all necessary paperwork at once, we help ensure the estate plan is internally consistent and that the ILIT integrates smoothly with other planning components to reduce administrative burdens later on.
We coordinate with the insurance carrier to confirm any forms or consents required to transfer ownership or to issue a policy in the trust’s name. We advise on funding mechanisms, whether transferring an existing policy or arranging for the trust to hold a new policy, and we provide guidance on gift transfers to cover premiums. These steps require documentation and clear communication with the carrier to ensure ownership and beneficiary designations align with the trust’s terms and that the trust will function as intended.
Once documents are prepared, we guide the client through execution, filing where necessary, and the actual funding steps to place the policy under the trust’s ownership. Follow-up includes confirming with the insurance company that ownership and beneficiary information is updated, documenting any gifts or transfers used to fund premium payments, and providing trustees with records and a summary of responsibilities. We also recommend periodic reviews to address changes in family circumstances or in laws that could affect the trust’s operation.
After execution and funding, we confirm with the insurance company that the trust is recorded as owner and that beneficiary designations reflect the trust’s terms. This confirmation prevents misunderstandings and ensures the trustee can act quickly when a claim becomes necessary. Proper documentation also helps trustees carry out premium payments and maintain records required for tax or administrative purposes. We provide clients with a checklist and copies of key documents to keep with their estate planning files.
An ILIT benefits from periodic review to ensure funding arrangements remain appropriate and that the trust still aligns with family circumstances and goals. Life events such as births, marriages, divorces, or changes in assets may warrant updates. We offer follow-up consultations to review trust administration procedures, advise trustees on recordkeeping, and recommend adjustments to the plan as needed. Regular checkups help maintain the trust’s effectiveness and keep the plan current with any legal or personal changes.
An Irrevocable Life Insurance Trust is a trust designed to own and manage life insurance policies for the benefit of named beneficiaries. Once the trust is properly established and becomes the owner of the policy, the proceeds are held by the trust and distributed according to the trust terms rather than passing directly through probate. Establishing the trust involves drafting a trust instrument, naming a trustee, and arranging for the trust to acquire ownership of the policy or to purchase a new policy in the trust’s name. This structure provides a framework for controlled distributions and potential estate planning benefits. The trustee appointed in the trust handles administration duties such as paying premiums from trust funds when available, filing claims upon the insured’s death, and distributing proceeds according to instructions in the trust instrument. Timing and documentation are important because transfers completed shortly before death may be treated differently for estate purposes. Coordinating the trust with beneficiary designations and other estate documents helps ensure the trust will operate as intended and that proceeds are managed and distributed in line with the grantor’s wishes.
Transferring a life insurance policy to an ILIT can reduce the likelihood that the policy’s proceeds are included in the grantor’s taxable estate, depending on timing and ownership circumstances. If the trust becomes the owner and the transfer precedes the insured’s death by more than the relevant lookback period in applicable rules, proceeds are generally kept out of the personal estate for federal estate tax purposes. This can preserve more of the policy’s value for beneficiaries by potentially avoiding estate taxation and by providing liquidity to settle estate obligations. It is important to be mindful of the timing and mechanics of transfers and funding. Transfers made shortly before death may be subject to inclusion under a lookback rule, and improper coordination with beneficiary designations can undermine the intended estate treatment. Careful planning with attention to the applicable rules and documentation helps maximize the likelihood that the policy proceeds are treated in the most advantageous way consistent with the client’s goals.
An ILIT is typically funded by transferring an existing policy to the trust or arranging for the trust to be the purchaser of a new policy. Funding arrangements for premium payments often involve gifts from the grantor to the trust or to beneficiaries who then pass those payments to the trustee, depending on the chosen structure. Documentation of gifts and clear procedures for transferring funds are essential to maintain compliance with gift tax rules and to ensure premiums are paid on time so the policy remains in force. Different funding strategies have distinct tax and administrative implications, so it is important to choose an approach aligned with the grantor’s objectives. Using the annual gift tax exclusion may be appropriate for some clients, while others may prefer larger contributions or different funding sources. Regardless of approach, keeping accurate records and coordinating with the insurance carrier and trustee helps ensure the policy remains effective and that the trust functions as intended at the time benefits become payable.
The trustee of an ILIT has several primary responsibilities, including holding the policy in trust, maintaining accurate records, managing trust funds used for premium payments, and filing and pursuing claims when the insured dies. The trustee must follow the trust document’s instructions regarding distributions and may need to make discretionary decisions consistent with the grantor’s stated objectives. Trust administration also involves communicating with beneficiaries, managing investments if trust funds are held, and ensuring tax reporting obligations are met when applicable. Selecting a trustee who is organized and willing to fulfill administrative duties is important because the trustee plays a central role in implementing the grantor’s wishes. Successor trustee provisions help ensure continuity if the initial trustee cannot serve. Clear trust provisions that outline powers and limitations reduce ambiguity for trustees and provide a straightforward path for decision-making during administration and distribution of proceeds.
An ILIT can be structured to provide support for a beneficiary who receives government benefits, but careful drafting is required to avoid unintentionally disqualifying those benefits. For individuals receiving means-tested programs, distributions should be designed to supplement rather than replace eligibility. Trust terms can include provisions that limit distributions or require that funds be used for certain types of expenses that do not count against benefits, and a trustee can be instructed to make decisions mindful of applicable benefit rules. Coordination with special needs planning principles is important where a beneficiary relies on public assistance. Consulting with professionals who understand benefit programs and trust drafting helps ensure that the trust’s provisions protect the beneficiary’s eligibility while also providing meaningful support. Clear communication between the grantor, trustee, and any advisors helps align the trust with the beneficiary’s financial and care needs.
The three-year rule is a timing consideration that can affect whether life insurance proceeds are included in the grantor’s taxable estate. Transfers of ownership made within a specified lookback period before death may result in estate inclusion under certain rules, so timing matters when moving a policy into an ILIT. To avoid unintended estate inclusion, clients often plan transfers well in advance of anticipated need and document the steps taken to fund and administer the trust, while taking into account the relevant legal timeline and circumstances. Because the lookback rule and related considerations can be complex, it is important to discuss timing and funding strategies in the planning phase. Advance preparation and clear documentation of transfers help preserve the intended estate treatment. Clients should consider how upcoming life events or health developments might affect timing and should plan transfers accordingly to reduce the risk of adverse estate tax treatment.
Yes, it is often possible to transfer an existing life insurance policy into an ILIT, but doing so requires coordinating with the insurance company and understanding any consequences such as changes in policy terms or potential tax implications. The insurer may require specific transfer forms and consents, and the trust must meet the carrier’s requirements to be listed as the policy owner. It is important to document the transfer properly so the trust’s ownership is recognized and so the policy remains effective under the trust structure. Transferring a policy can also trigger gift tax considerations if the transfer is deemed a gift to the trust’s beneficiaries. Addressing premium payment logistics and confirming that the trust can maintain the policy in force are part of the planning process. Reviewing these steps in advance prevents disruption of coverage and helps ensure that the trust will serve its intended purpose when benefits are paid.
An ILIT interacts with a will and any revocable trust by specifying that insurance proceeds are governed by the ILIT terms rather than by other estate documents. Because the ILIT is a separate entity, its assets are typically excluded from probate and are distributed according to the trust’s provisions. Coordination is necessary to make sure that beneficiary designations, will provisions, and revocable trust terms do not conflict and that the combined estate plan reflects the client’s overall wishes for asset distribution and administration. During planning, we review all existing estate documents to identify inconsistencies and to ensure that the ILIT fits within the broader plan. This review includes confirming that powers of attorney and health care directives are current, and that any revocable trust provisions are harmonized with the irrevocable trust’s objectives. Clear documentation and consistent beneficiary designations help minimize confusion or disputes at the time the plan is implemented.
Because an ILIT is irrevocable by design, changing its core terms after creation can be difficult and may not be permitted under the trust instrument. In some circumstances, limited modifications may be possible through consent of beneficiaries, decanting to a new trust under state law, or other legal mechanisms, but such changes require careful legal review and may have tax or administrative consequences. It is important to draft the trust with flexibility where appropriate and to discuss possible future scenarios during the planning phase to reduce the need for later amendments. If changes become necessary due to shifts in family circumstances, laws, or financial situations, consulting legal counsel early helps identify available options and the potential impact of any modification. Advance planning for trustee succession and including contingencies in the trust document can reduce the need for post-creation changes and make administration more resilient over time.
Choosing a trustee involves balancing administrative capability, neutrality, and availability to serve when needed. A trustee should be someone the grantor trusts to follow written instructions, maintain accurate records, communicate with beneficiaries, and handle interactions with insurance carriers. Some clients select a family member or friend who is responsible and organized, while others choose a corporate or professional fiduciary for continuity and administrative support. Discussing the trustee’s anticipated duties and obtaining their willingness to serve before naming them is an important planning step. Consider naming successor trustees to provide continuity if the primary trustee cannot serve. Clear guidance within the trust instrument about trustee powers, compensation if applicable, and procedures for delegation can help trustees perform their duties effectively. Providing an orientation packet and documentation at the outset also assists trustees in meeting their responsibilities and fulfilling the grantor’s intentions for management and distribution of trust proceeds.
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