Monday, December 13, 2004

Trustee for a son with a brain disorder.

Question: Should I name my daughter to be her older brother's trustee?
Answer: Probably not is you really love her.

Most people underestimate the complex tasks that a trustee must perform. The three main duties are:
1.Invest assets in a tax efficient way over a long period of time.
2.Distribute needed funds in a tax efficient way that does not undermine social security rules.
3.Report taxable activity to the IRS.

From my experience, most of the trusts that get into trouble are due to gross mismanagement of one or all of these duties. A more compelling reason against her nomination in this case might be that you place her in the unenviable position of constant conflict with her brother over the proper use of the money. If he gets it into his head that he wants something that she doesn't feel is a justified use of the funds there may be a conflict arise that could break the familial link that you hoped would always be there for him. Also, if he tends toward aggression, she could be in harms way. In the end, she may decide to cut and run.

My advice would be to use a professional trust company to handle the 3 tasks and name your daughter as Trust Advisor. This method will relieve her of the management burdens while still maintaining control over the trust managers. Now, if he wnats something outlandish she can tell him that it's out of her hands. This should keep her involved in his life, which is what you wnated in the first place.