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 Mississippi, a trustee is responsible for managing a trust in accordance with the terms set forth by the grantor and in the best interests of the beneficiaries. The trustee's role is fiduciary, meaning they must act with a high degree of care and loyalty, and avoid conflicts of interest. Mississippi law requires trustees to adhere to these fiduciary duties, which are critical to the proper administration of the trust. If a trustee fails to meet these obligations, beneficiaries may seek legal recourse, which can include the removal of the trustee through court action. Successor trustees, as designated in the trust agreement, step in to fulfill the trustee's role under circumstances such as death, incapacity, resignation, or removal of the current trustee. The specific statutes governing trusts in Mississippi can be found in the Mississippi Code, which outlines the duties and powers of trustees, the rights of beneficiaries, and the procedures for managing and administering trusts.