Choosing the right trustee is one of the most important — and most overlooked — decisions in estate planning. In this episode, attorney Tom Moss breaks down what families need to know before naming a trustee, from red flags that signal the wrong choice to the “desired behaviors” clauses that can reduce family conflict before it starts. Tom also tackles the co-trustee question, the case for corporate trustees, and why “keeping things equal” isn’t always the right approach.
Whether a trust is already in place or just getting started, this episode offers a practical roadmap for making one of the most consequential decisions a family will face.
In this episode, you will hear:
- Why “keeping things equal” can actually breach the peace
- Red flags that disqualify a trustee before they even start
- How “desired behaviors” clauses give trustees clear guidance
- When co-trustees are a blessing — and when they’re a disaster
- Individual vs. corporate trustee and how to decide
- Why naming a non-citizen trustee can trigger serious tax consequences
- The overlooked burden placed on trustees — and why availability matters as much as ability
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