What authority does the trustee have?
The trustee holds all signing authority for the trust. You open bank accounts in the trust's name, sign investment documents, execute purchase agreements, and manage day-to-day trust operations.
This authority is documented in your Trust Agreement, which identifies you as the trustee and grants you the power to act on behalf of the trust. Banks, brokerages, and investment counterparties recognize your signature as binding the trust to transactions.
Can I name a co-trustee?
Yes. You can designate a co-trustee in your trust agreement. This person shares signing authority and can execute transactions on behalf of the trust.
Common reasons for naming a co-trustee include having your spouse participate in management decisions, adding a parent or adult child with investment expertise to help with decisions, preparing someone to take over if you're unavailable, or adding specific expertise such as an advisor who understands a particular investment.
What is a successor trustee?
A successor trustee takes over if you die or become incapacitated. This person doesn't have current authority. They only step in when the trust is without a trustee.
Naming a successor trustee prevents administrative delays and ensures your trust can continue operating if something happens to you. Without a successor trustee, your IRA beneficiaries would need to establish authority through the IRA custodian, which can take time.
The successor trustee can be your spouse, adult child, or another trusted person. They should understand that the trust holds IRA assets and must continue operating under IRA rules until the account is distributed to beneficiaries.
Frequently Asked Questions
Can I receive compensation as trustee?
No. IRS prohibited transaction rules prevent you (or a co-trustee) from receiving fees or compensation for managing your own IRA assets. Paying yourself a trustee fee would constitute self-dealing: using IRA funds for your personal benefit.
Can I change trustees later?
Yes. You can draft a trust resolution to add or remove co-trustees or change your successor trustee designation.
What if my co-trustee and I disagree on an investment?
Our Trust Agreement requires unanimous consent if there are two trustees, or majority consent if there are more than two. If co-trustees can't reach the required agreement, the investment doesn't proceed.
Does my successor trustee need to be named in my IRA beneficiary designation?
No. Your IRA beneficiary designation and your trust successor trustee are separate. A beneficiary inherits the IRA assets; the successor trustee manages the trust until those assets are distributed. These are often the same person, but they don't have to be.