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Who Should Serve as Your Successor Trustee?

3 days ago
2 min read

Choosing a successor trustee can sound simple until you picture the person actually doing the job.


If you can no longer serve as trustee, your successor trustee steps in to manage the trust. That means paying bills, handling accounts, dealing with property, keeping records, communicating with beneficiaries and following the instructions you left behind.


The person you’re closest to might be a great choice…or be completely wrong for the role.


What Will They Actually Have to Do?


Start with the work itself.


A successor trustee could be dealing with banks, accountants, attorneys, real estate, tax documents and requests from beneficiaries. Some trusts wrap up quickly. Others require ongoing management for years.


The person you choose should be comfortable with details, deadlines and financial decisions. In Illinois, for example, once the trust becomes irrevocable (usually at death), the trustee has 90 days to notify the beneficiaries that it exists. They don’t need to be an investment expert, but they should know when to ask for help and be willing to work with professionals.


If someone hates paperwork, avoids difficult conversations or struggles to stay organized, pay attention before putting their name in your estate plan.


How Will They Handle Your Family?


This is where the choice can get tricky.


A sibling might know everyone well, but that can work both ways. If one beneficiary wants money now and another thinks the trustee is being too generous, the trustee has to follow the trust rather than get pulled into old family dynamics.


The job involves saying no, explaining decisions and staying steady when someone is unhappy.


Ask whether the person can separate family relationships from the responsibility you’re giving them.


Do They Have the Capacity to Take It On?


Trustee work takes time.


Someone can be responsible and trustworthy but still be a poor fit because of health issues, work demands, caregiving responsibilities or their own financial situation.


If your successor trustee is close to your age, naming a backup helps if that person is no longer able to serve years from now.


Before you decide, talk with them. Explain what the role involves and make sure they’re willing to take it on. No one should discover after your death that you volunteered them for a job they never agreed to do.


Choose for the Job, Not Just the Relationship


The right successor trustee is someone who carries out your instructions, deals with people respectfully and handles the administrative side without creating unnecessary problems.


That could be a child, sibling, close friend or someone else you trust. The relationship is important, but the person still has to be able to do the job.


About Front Door Legal


Front Door Legal is a Chicago law firm focused on estate planning and residential real estate. Based in Lincoln Park and serving clients throughout the Chicagoland area, the firm helps individuals and families protect what they’ve built, prepare for what comes next and navigate important legal decisions. Founded by Managing Attorney Justin Strane, Front Door Legal takes a straightforward, responsive approach that helps clients understand their options and the steps ahead. 


If you’d like to explore whether an estate plan is right for your family, contact us today.



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