What is a trust protector?
A trust protector is an individual or entity that has authority over a trust. In Massachusetts, a trust protector must be appointed by the trust maker in the trust document. The trust protector is not a beneficiary of the trust, instead they are responsible for ensuring that the trust creator’s wishes are carried out. The trust protector has the authority to make decisions that protect the trust beneficiaries while the trust is in effect. This includes changing the trust’s provisions, removing or appointing trustees, and approving or denying distributions that are suggested by the trustees. A trust protector is an important part of the trust structure, as they provide an outside perspective to the trust and can protect it from potential threats. In Massachusetts, a trust protector typically must be appointed when a trust is created and the trust document is filed with the court. However, in some cases a trust protector can be nominated or appointed after the trust is created. The trust protector should be an experienced individual with a good understanding of trust law and competent financial skills.
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