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 Maryland, a trustee is an individual or entity appointed by the creator of a trust to manage the trust's assets for the benefit of the beneficiaries. The person who establishes the trust is often referred to as the grantor, settlor, or trustor, and they may also serve as the initial trustee in many estate planning scenarios. Trust agreements typically outline provisions for successor trustees who will take over the trustee's responsibilities in the event of death, incapacity, resignation, or removal of the current trustee. Successor trustees can be named in the trust document or appointed by the court if necessary. Trustees in Maryland are bound by a fiduciary duty, which is the highest standard of care in legal and financial matters. This duty requires trustees to act in the best interests of the beneficiaries, manage the trust assets according to the terms of the trust agreement, and avoid any conflicts of interest. Failure to adhere to these duties can result in legal action by the beneficiaries and potential removal by the court.