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 Rhode Island, 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. Trustees must adhere to Rhode Island's specific trust laws, which are designed to ensure that they fulfill their duties properly. If a trustee is unable to serve due to death, incapacity, resignation, or removal by court order, a successor trustee, as designated in the trust agreement, will take over the management of the trust. Beneficiaries have the right to take legal action if they believe the trustee is not fulfilling their fiduciary duties. Rhode Island law provides the framework for the creation, administration, and enforcement of trusts, and trustees must operate within these legal parameters to manage the trust assets for the benefit of the beneficiaries.