What is a trust protector and what does it do?
A trust protector is a person or organization that is given authority over a trust. This individual or organization is responsible for making sure that the beneficiary of the trust is taken care of and that the creator’s wishes are followed. In estate planning law, a trust protector is appointed to ensure trust assets are distributed in accordance with the trust’s governing document, avoid conflicts of interest, protect the interests of beneficiaries, and assess the performance of trustees. In Texas, the trust protector can be given broad authority to monitor and oversee the trust or act as a third-party enforcer of the trust. For example, the trust protector may have the power to remove and replace trustees, amend the trust’s terms, and protect the trust’s assets. The trust protector can also serve as an intermediary between the beneficiary and the trustee. This role is important because the trust protector can resolve disputes that may arise between the two parties. When appointing a trust protector, the trustor should select someone they trust to protect the interests of their beneficiaries and make sure that the trust is administered correctly. The trust protector should also be impartial and objective to ensure that the trust is managed properly.
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