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 New Jersey, 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 includes a fiduciary duty, which is the highest standard of care in managing the trust's assets and avoiding conflicts of interest. New Jersey law requires trustees to act prudently and loyally, and they must keep beneficiaries informed about the trust's administration. If a trustee cannot continue their duties due to death, incapacity, resignation, or removal by a court, a successor trustee, as designated in the trust agreement, will take over the management of the trust. The New Jersey Uniform Trust Code provides the legal framework for the administration of trusts, the duties of trustees, and the rights of beneficiaries. Beneficiaries have the right to petition the court for the removal of a trustee if they believe the trustee has breached their fiduciary duty.