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 Kentucky, a trustee is responsible for managing a trust in accordance with the terms set forth by the grantor and in the best interests of the beneficiaries. The trustee's role is fiduciary in nature, meaning they must act with a high degree of care and loyalty. Kentucky law requires trustees to adhere to the standards of the Kentucky Uniform Trust Code, which outlines the duties and responsibilities of a trustee, including the duty to administer the trust prudently and to act in accordance with its terms and purposes. 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. Beneficiaries have the right to seek legal recourse if they believe the trustee has breached their fiduciary duties. This could lead to the trustee's removal by the court and potential legal liabilities for any harm caused to the trust's assets or beneficiaries' interests.