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 Ohio, a trustee is an individual or entity appointed to manage a trust on behalf of the beneficiaries, as per the terms set out in the trust agreement. The person who establishes the trust, known as the grantor, settlor, or trustor, may 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. Removal of a trustee can occur through a court order, which may be prompted by a lawsuit filed by the trust's beneficiaries. Trustees in Ohio 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 responsibly, and avoid conflicts of interest. Ohio state statutes and federal law govern the administration of trusts and the conduct of trustees to ensure they adhere to these obligations.