What is a trust protector and what does it do?

A trust protector is an individual or an entity appointed to a trust who is responsible for overseeing and monitoring the trust’s terms and administration. In West Virginia, a trust protector is appointed by the trustmaker, and will act on behalf of the beneficiaries of the trust. The role of the trust protector is to make sure that the trust is being managed and administered according to the trustmaker’s wishes. For example, if the trustmaker specified certain investments that must be made, the trust protector would ensure that these investments are maintained. Additionally, the trust protector serves as a “check-and-balance” system by making sure that the trustee or other fiduciaries of the trust are following the trustmaker’s instructions and not abusing their authority. In some cases, the trust protector may also have the power to modify or amend the terms of the trust. This could include changing the beneficiaries of the trust, revoking the trust, or appointing a new trustee. As such, the trust protector plays an important role in the trust administration process and can help to protect the trustmaker’s intent and wishes.

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