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 Montana, 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 includes a fiduciary duty, which is the highest standard of care in managing the trust's assets and avoiding conflicts of interest. Montana law outlines the duties and powers of trustees in the Montana Uniform Trust Code (Title 72, Chapter 38, MCA). Successor trustees can be appointed in the trust agreement to take over if the original trustee can no longer serve due to death, incapacity, resignation, or removal by the court. If a trustee fails to uphold their fiduciary duties, beneficiaries may seek legal recourse, which can include the trustee's removal by court order. The specific duties and powers of a trustee in Montana are detailed in the trust agreement and governed by state statutes, which must be followed to ensure the trust is administered properly for the benefit of the beneficiaries.