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A Fiduciary is a person who assumes responsibility for a position of trust.  Fiducaries serve by court appointment as guardians, conservators, and personal representatives of estates.
They also serve by agreement as trustees, representative payees, or as agents under powers of attorney.

1. Why Choose an Independent Fiduciary?

2. Role of a Fiduciary

3. Selecting a Fiduciary

4. Fiduciary Impartiality

The short answer: better, more personalized service. We will develop a relationship with the trust beneficiaries and family members and maintain close contact and communication with them. This usually creates a conflict free environment.


The independent trustee is free from the conflicts of interest often encountered in the traditional channels.


The independent trustee is not affiliated with a larger controlling financial unit that may guide decision making.


Unlike the traditional corporate trustee, the independent trustee does not provide investment services, to avoid any conflict between offering investment products and serving the client.


In contrast to the individual trustee, who is typically a family member, the independent trustee focuses on making objective decisions without emotion, either as sole trustee or with a family member co-trustee.

Trustees and Executors generally are required to perform various duties involving the administration and distribution of property, which may include some or all of the following:

  • Filing the current will with the probate court

  • Locating, collecting, appraising and safekeeping of all assets

  • Determining debts and settling creditors’ claims against the estate or trust

  • Locating heirs or beneficiaries

  • Managing the estate or trust, including record keeping, investment management, collection of dividends and interest

  • Developing an income tax plan, preparing the necessary tax returns and paying all taxes

  • Preparing a detailed final account for presentation to the probate court

  • Distributing the estate or trust corpus

When selecting an Executor or Trustee, you must consider the many responsibilities inherent in the position.  


With many small estates, the Fiduciary’s job may be straightforward and a family member may be fine.  


However, larger estates can require much more work and knowledge about estate administration. For example, it may make sense to bring in a professional as sole or co-fiduciary when:

  • Tax planning is needed

  • There may be potential dispute over the disposition of the assets

  • Investments, business interests or tax considerations require special appraisals or attention

  • Money management may be a problem

As a fiduciary, the trustee must follow the instructions outlined in the will or trust document, managing, and distributing the trust assets in the best interests of the beneficiaries.


The trustee agrees to provide the following services:


  • Duty of obedience to adhere to the trust terms

  • Duty of prudence and reasonableness in making administrative and investment decisions

  • Duty of objectivity in not giving preference to any beneficiary over another equally suited beneficiary

  • Duty of transparency to provide trust information and accountings as stated in the trust agreement.

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