A strong estate plan depends on more than documents—it depends on people. One of the most important choices you make is who will take over your trust when you can’t manage it anymore. In Nevada estate planning, this individual is called a successor trustee. You might be tempted to name a family member or close friend, but choosing the wrong person can derail your final wishes and create lasting problems for your loved ones.
This guide walks you through the impact of successor trustee selection, common pitfalls to avoid, and how to build flexibility into your plan. Whether you're creating your first trust or reviewing an existing one, thoughtful trustee planning can help ensure your intentions are honored long after you're gone.
In most revocable living trusts, you remain in control as the initial trustee for as long as you're alive and capable. You manage your assets, make financial decisions, and benefit from the trust’s contents. The successor trustee’s role only begins if you resign, become incapacitated, or pass away.
The transition to a successor trustee often occurs during times of stress or uncertainty. If your chosen trustee isn’t prepared—or if legal authority hasn’t been clearly established—this transition can lead to delays or conflict. Planning ahead makes all the difference.
We regularly advise clients to outline clear instructions within the trust and communicate their choices to family members and advisors. A qualified Nevada estate planning attorney can help ensure the transition happens smoothly, without costly court proceedings or confusion.
Naming a family member as trustee feels natural. After all, they know your values and understand your family's dynamics. But the reality of trust administration often proves more complex than many people anticipate.
Trustees are responsible for complying with fiduciary duties, filing tax forms, managing investments, making distributions, and more. Even well-meaning relatives can feel overwhelmed—especially when other beneficiaries question their decisions or if family tension already exists. In high-value estates, or those involving blended families, the risk of conflict increases significantly.
Professional or corporate trustees can serve as neutral administrators. They bring financial expertise, impartiality, and continuity to your trust. For many of our clients, combining a trusted family member with a corporate trustee as co-trustees strikes the right balance.
One of the biggest threats to the success of your estate plan is inflexibility. A trustee who becomes unresponsive, biased, or simply overwhelmed can block your plan from functioning as intended. If there’s no clear method for removing that trustee, your beneficiaries may be forced to seek court involvement—which drains time and resources.
Including removal provisions in your trust document adds a critical safeguard. These provisions can give authority to an independent advisor, trust protector, or even the beneficiaries to remove and replace a trustee when needed. It’s also possible to require cause or impose limits to prevent abuse of that power.
We encourage clients to view trustee removal clauses not as a sign of distrust, but as a practical mechanism for long-term success. When designed correctly, they protect your plan and give future generations options if the unexpected occurs.
Many Nevada trusts are designed to last well beyond the lifetime of the trustmaker. Some continue to support a spouse, children, and even grandchildren. That longevity means your trustee selection must look far beyond today’s circumstances.
Before naming someone, ask: Will they be available and capable in five, ten, or twenty years? Do they have the financial knowledge or professional support to handle complex decisions? Will personal relationships with other beneficiaries cloud their judgment?
A corporate trustee can serve indefinitely and meets fiduciary standards by design. They also bring consistency to long-term trusts—especially helpful in cases where your spouse and children from previous relationships are both beneficiaries. In these situations, neutrality prevents the perception of favoritism and upholds your wishes more effectively.
Trustee selection is one of the most important—and most overlooked—aspects of effective estate planning. Many people rush this decision, thinking that a familiar name means fewer problems. But an unprepared or unsuitable trustee can disrupt even the most carefully drafted plan.
We recommend reviewing your trustee choices every few years, especially after life events like marriages, divorces, relocations, or major changes in wealth. If you already have a trust, but aren’t sure whether your chosen trustee is still the best fit, now is the time to revisit your documents.
Experienced Nevada estate planning attorneys like those at Anderson, Dorn & Rader should walk you through your options and help you build a plan that’s not only legally sound—but also equipped for real-life situations.
