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The Role of Trust Protectors in Modern Estate Planning

As a knowledgeable estate planning attorney in Wisconsin, Heritage Law Office can provide you with valuable guidance on various aspects of estate planning, including the use of trust protectors. Contact us either online or at 414-253-8500 to schedule a free consultation today.

The Concept of Trust Protectors

A trust protector is an individual or entity appointed to oversee a trust and ensure that the trust is managed according to the grantor's wishes. They can play a crucial role in modern estate planning by providing an extra layer of protection for the trust's beneficiaries.

The Duties and Powers of Trust Protectors

Trust protectors have specific duties and powers, which may include:

  • Amending the trust document to address changes in laws or circumstances
  • Removing and appointing trustees
  • Approving or vetoing trustee decisions
  • Resolving disputes between trustees and beneficiaries
  • Reviewing trust accounts and investments

The Benefits of Appointing a Trust Protector in Wisconsin

Appointing a trust protector in your estate plan can offer several advantages:

  1. Flexibility: Trust protectors can help adapt the trust to changing circumstances or laws, ensuring that the trust remains effective and serves its intended purpose.
  2. Protection: By overseeing the actions of the trustee, a trust protector can safeguard the interests of the beneficiaries and ensure that the trust is managed in accordance with the grantor's wishes.
  3. Conflict resolution: Trust protectors can mediate disputes between trustees and beneficiaries, promoting harmony and reducing the likelihood of costly litigation.

Choosing the Right Trust Protector

When selecting a trust protector, consider the following factors:

  • Experience: Choose someone knowledgeable in trust administration and estate planning, as they will be better equipped to handle the complexities of the role.
  • Impartiality: A trust protector should be unbiased and able to act in the best interests of the beneficiaries without being influenced by personal relationships or conflicts of interest.
  • Availability: The trust protector should be readily accessible and able to devote sufficient time to their duties.

The Legal Status of Trust Protectors in Wisconsin

While trust protectors are not explicitly recognized in Wisconsin statutes, they have been acknowledged in Wisconsin case law. It's essential to work with an experienced estate planning attorney who can help you incorporate a trust protector into your estate plan in compliance with Wisconsin law.

Contact an Experienced Estate Planning Attorney in Wisconsin

If you're considering incorporating a trust protector into your estate plan or seeking guidance on other estate planning matters, contact our experienced attorneys at Heritage Law Office. Use our online form or call us directly at 414-253-8500.

Contact Us Today

For a comprehensive plan that will meet your needs or the needs of a loved one, contact us today. Located in Downtown Milwaukee, we proudly provide legal advice to those in Milwaukee County and surrounding communities.

Milwaukee Office
757 N. Broadway, Suite 300
Milwaukee, WI 53202
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Minneapolis, MN 55104
414-676-2787 (fax)
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