A trustee is a person or entity designated by a person who creates a trust (grantor, settlor, or trustor) to manage and administer the trust for the benefit of the named beneficiary or beneficiaries. The trustee of a trust created for estate planning purposes is often the grantor, settlor, or trustor who created and funded the trust.
A trust agreement may designate one or more successor trustees who will become the trustee if the previous trustee dies, is unable to continue to serve as trustee, resigns as trustee, or is removed by court order following a lawsuit filed by the beneficiary or beneficiaries of the trust.
A trustee has a fiduciary duty to the beneficiary or beneficiaries of the trust. A fiduciary duty includes the highest duty of care (performance of duties under the terms of the trust agreement) and of loyalty (avoiding conflicts of interest) recognized in law.
In Arkansas, a trustee is responsible for managing a trust in accordance with the terms set forth by the grantor and the state's trust laws. The trustee's role includes the prudent management of the trust's assets and ensuring that the trust operates for the benefit of the beneficiaries. Arkansas trust law requires trustees to adhere to a fiduciary duty, which is the highest standard of care in managing the trust's affairs. This duty encompasses both a duty of care, meaning the trustee must manage the trust as a prudent person would, and a duty of loyalty, which requires the trustee to act in the best interests of the beneficiaries and avoid conflicts of interest. If a trustee is unable to serve due to death, incapacity, resignation, or removal by a court, a successor trustee, as designated in the trust agreement, will take over the management of the trust. The process for removing a trustee and the trustee's specific responsibilities are governed by the Arkansas Trust Code, which is found in Title 28 of the Arkansas Code.