重要决定:选择合适的受托人
在遗产规划过程中, many people look to their pool of family and friends to choose executors/trustees without understanding the implications of those decisions, 或者知道可能有更好的选择.
We have seen countless situations where a lack of knowledge about trustees has negatively and permanently impacted family harmony. 这时，专业受托人可能是一个不错的选择. 专业受托人可以作为一个目标, neutral party to help alleviate any challenging family dynamics and potential conflicts.
无论是选择一个值得信赖的爱人还是雇佣一个专业人士, a trustee is an important decision for your client’s future and the futures of their beneficiaries. It’s important to have all the knowledge necessary to make an informed decision.
This summary is designed to help your clients understand the role of a trustee in representing their best interests, 最大化他们的资产*, 并根据他们的意愿分配一切.
*注:中大信托与财务顾问合作. 作为一名财务顾问, you may continue to manage the assets while CUT serves in a fiduciary role for your client and their beneficiaries.
知识就是力量
选择受托人并不像你想象的那么简单. 受托人必须是合格的, 知识渊博的, and committed; their actions will have a lasting impact. 在选择受托人时，有两种途径可以考虑:
个人受托人. 个人受托人通常是朋友或家庭成员. Some individuals choose a relative or friend because it’s a person they can trust and with the mindset that it’s an honor to ask them.
专业受托人. A professional trustee is a person or institution hired to handle a trust for one or more beneficiaries. Many people don’t realize that there are trustees that have been professionally educated and trained for this role.
专业受托人的好处
当决定, it’s important to understand the unique benefits that a professional trustee can offer. 考虑以下六个关键决策点:
- 中立. 单个受托人可能了解家族的历史和动态. 然而, 对于那个人来说，客观地行事可能会更加困难, 不要让情绪影响他们的行为. 这就变得更具挑战性了, 还有潜在的利益冲突, 当个人受托人同时也是受益人时, 这意味着他们既向自己分发，也向他人分发. A professional trustee serves as a neutral party and avoids any potential favoritism or subjectivity.
- 专业知识. An individual trustee may not have any experience managing a trust in general, 或者涉及到具体的任务(想想税务专家), 物业经理, 投资顾问). A professional trustee—with decades of experience and an in-house team of experts—is prepared to handle all aspects of the trust, from the financial details to the perspective and emotional responses of those involved in creating and/or benefitting from the trust.
- 一致的存在. 个别受托人可能忙于自己的生活和家庭. They may resign, die, move away, or tire of serving as trustee and neglect the trust and its needs. A professional trustee is there exclusively to ensure ongoing, high-level service.
- 权力制衡. 专业受托人要接受审计、监管、保税和保险. 个人受托人不提供这些保护.
- 定期通信. A quality professional trustee provides regular communications to keep all beneficiaries informed. An individual trustee may not provide information that is as thorough or as consistent.
- 成本与价值. 许多人认为专业受托人会很贵. 虽然专业受托人是有成本的, 个人受托人也可以对他们的欧洲杯压球收费. 除了, 而专业受托人有一个内部专家团队, an individual trustee would need to seek out and hire outside services for tasks they can’t manage. A professional trustee ultimately may be a more cost-efficient and effective solution.
注意事项
If you appreciate the value of a professional trustee’s expertise and continuity but still want a family member involved to maintain a personal connection, there is an option to name the bank and the family member as co-trustees. This lets the professional trustee handle the bulk of the financial and administrative tasks, lessening the burden on your family while retaining the family’s insights as decisions are made.
注意事项: While you may encounter professional individuals offering to serve as your trustee, 一定要做好调查. 在密歇根, 例如, someone only qualifies as a professional trustee if they are a bank with trust powers. All others would serve as an individual trustee—without the protection of regulated audits, 保险, 和更多的.
做出明智的决定
Choosing a trustee ranks high on the list of important decisions to be made—like selecting a medical specialist or choosing an investment advisor. An informed decision will ensure that you have the protection and controls that matter the most to you, 带给你内心的平静.
作者简介
首席执行官乔丹•萨默斯 & 中大信托基金总裁
Jordan Summers于2021年加入Credit Union Trust担任总裁 & 首席执行官. He formerly served as Chief Fiduciary Officer and Market President for a Michigan-based regional bank, 处理业务发展, 合规, 和管理.
持牌律师, Summers currently serves on the board of the MBA Trust Executive and Trust Counsel Committees. He also serves on the board of the Midland Business Alliance and the Chippewa Nature Center. 他在诺斯伍德大学获得工商管理硕士学位, 他在诺斯伍德大学德沃斯研究生院获得了MBA学位, 以及韦恩州立大学的法学博士学位.
