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Posted on Friday, September 9th, 2016 by Peter Klenk

From Our “Ask a Question” mailbag: The Directed Trustee maybe the answer to your problem! 

“I am considering setting up an Irrevocable Trust to hold assets for my children.  But, I want my current wealth manager investing the trust property. Unfortunately, if I pick a corporate trustee, they will use their money manager.  How do I force the corporate trustee to use my financial advisor?”

Picture of The Klenk Law Team; Get Advice About Setting Up A Directed Trusteeship

Peter L. Klenk Esq. and The Estate Attornies at Klenk Law

Setting up an Irrevocable Trust for your family is an excellent way to provide asset protection and do tax planning. Because typically the trustee controls fund management, some people decided against forming these trusts. Professional trustees often select their favorite money managers.  This excluded grantor’s trusted financial advisors.  These concerns resulted in the invention of the Directed Trustee.

The Directed Trustee Takes on Administrative Duties.

When a trust is created with a Directed Trustee, the trust terms divide responsibilities between the corporate trustee and an investment manager.  Usually, the trust terms give the bank or trust company administrative functions.  These duties include tax preparation, paying bills and determining distributions.  The trust terms exclude the trustee from investing trust funds.  Instead, the trustee is obligated to take “direction” for investment from someone else.  Another party is assigned the right to invest assets. In the alternative, the terms grant a neutral person (friendly to the Grantor) the power to select the investment manager.  This person “directs” the Trustee’s investment.  In other words, the advisor “directs” the “directed trustee.” The Trustee is excused from all responsibility and must follow instructions.  In this way, this neutral person may appoint the trusted wealth advisor.

Your Favorite Investment Advisor “Directs” Trust Investments

While the neutral person may select the trusted wealth advisor, he can also remove and replace the advisor.  This way you can have all the asset protection and tax advantages of an Irrevocable Trust while maintaining your long standing relationships.  But, if your personal money manager should fall out of favor, removal is easy.

There are several ways to set up a directed trusteeship.  Therefore, I suggest we set up a free consultation so we can see which option best fits your situation.

Contact our office for a free consultation.  We can answer your further questions about Directed Trusteeships or any other Estate Planning issues.

Wills, Trusts, Probate, and Estate Litigation it’s all we do!

Peter Klenk, Esq.

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