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 Louisiana, a trustee is responsible for managing a trust in accordance with the terms set forth by the grantor, who establishes the trust. The trustee can be the grantor themselves or another person or entity appointed to oversee the trust's assets for the benefit of the beneficiaries. Trust agreements in Louisiana may specify successor trustees who will take over the trustee's responsibilities in the event of death, incapacity, resignation, or removal of the current trustee. Removal of a trustee can occur through a court order, which may be initiated by the trust's beneficiaries if they believe the trustee is not fulfilling their fiduciary duties. These fiduciary duties are of utmost importance in Louisiana law and require the trustee to act with a high standard of care and loyalty, prioritizing the interests of the beneficiaries above their own and avoiding conflicts of interest. The specific rules governing trusts and trustees in Louisiana are found in the Louisiana Trust Code, which outlines the legal framework for the creation, management, and termination of trusts within the state.