I just became a trustee, what do I do first? +
Find and read the trust document. That is always step one. The trust document is the instruction manual for your role, it tells you what you can do, what you must do, and what you cannot do. Until you've read it, you are operating blind. After that, the next priority is opening a separate trust bank account so you never commingle trust funds with personal funds.
Do I need to open a separate bank account for the trust? +
Yes. Commingling trust funds with personal funds is one of the most common mistakes new trustees make, and it is one of the easiest ways to create a legal problem. The trust should have its own bank account with its own EIN. Never deposit trust funds into your personal account, and never pay personal expenses from the trust account.
How long do I have to notify beneficiaries? +
It depends on your state, but most states require trustee notification within 30 to 60 days of assuming the role. Some trust documents also specify notification requirements. Even if no deadline applies, notifying beneficiaries promptly is a best practice that establishes transparency and reduces the chance of disputes. Always send notice in writing and keep a copy.
What records do I need to keep as a new trustee? +
At minimum, you need: meeting minutes for every trustee decision, a ledger of all financial transactions (income, expenses, distributions), written records of all beneficiary communications, signed trustee resolutions for formal actions, and an asset inventory. Think of it this way, if a court asked you to prove you acted properly, could you? If the answer requires your memory rather than your records, your documentation has a gap.
Can I spend trust money right away? +
Only for trust purposes authorized by the trust document. Trust funds belong to the trust and its beneficiaries, not to you. You may spend trust money on trust expenses (taxes, maintenance, professional fees) and on distributions authorized by the trust document. You may not spend it on personal expenses, even temporarily, even if you intend to repay it. The best practice is to document the purpose of every expenditure before it is made.
Do I need to tell beneficiaries about everything I do? +
Not every routine decision needs to be communicated in real time, but beneficiaries have a right to information about how the trust is being managed. Most states require trustees to provide an accounting upon reasonable request. Regular, proactive communication, such as an annual summary, is the best way to maintain trust and prevent disputes. Silence breeds suspicion.
What is the Seven-Day Wall? +
The Seven-Day Wall is the critical first week after being named trustee, when most new trustees make the mistakes that come back to hurt them, commingling funds, missing beneficiary notification deadlines, making undocumented decisions, and spending trust money without proper authorization. Completing seven key tasks in this period clears the highest-risk phase of trusteeship. The wall is survivable, but only if you know what to do and do it promptly.
Should I hire a lawyer now that I'm a trustee? +
It depends on the complexity of the trust and your comfort level with the responsibilities. For simple trusts, you may be able to handle administration yourself with good documentation practices. For trusts with significant assets, multiple beneficiaries, complex tax situations, or potential conflicts of interest, consulting a trust and estate attorney early is strongly recommended. Even if you don't retain ongoing counsel, an initial consultation can help you understand your obligations and avoid common mistakes.
Can I refuse to be a trustee? +
Yes. You are not required to accept the role of trustee. If you are not comfortable with the responsibilities, the time commitment, or the potential liability, you can decline the appointment before you begin acting. Once you start making decisions or handling trust assets, your legal obligations attach, so if you are unsure, decide before you take any action. If you decline, a successor trustee named in the trust document will serve instead.