How to Choose a Trustee for Your Illinois Trust

signing contract on desk

Selecting the right trustee is one of the most important decisions you will make when creating a trust in Illinois. The trustee is responsible for managing trust assets, following the terms of the trust document, and acting in the best interests of the beneficiaries. A well‑chosen trustee can ensure your estate plan works exactly as intended. The wrong choice can lead to delays, disputes, mismanagement, or even litigation.

The skilled estate planning lawyers at Bielski Chapman, Ltd. can help you build your trust and pick the right trustee. Get started today.     

Understanding the Trustee’s Role

You may have heard of a trustee, but what do they actually do? Under the Illinois Trust Code, they have very specific duties. These are called fiduciary duties, and they include:

  • Duty of Loyalty: The duty to act in beneficiaries’ best interests
  • Duty of Prudence: They must manage assets responsibly and make good decisions
  • Duty of Impartiality: They must be fair and not favor any particular person, including themselves
  • Duty to Follow the Trust Terms: Trusts lay out specific rules and your wishes. Trustees are supposed to follow those whenever possible.
  • Duty to Keep Records: Trustees have a duty to keep good records and accounts. They also have a duty to provide that information to appropriate parties.

What You Should Look for When Picking a Trustee

A lot of people are trustworthy, and you may like them, but that may not make them a good pick for trustee. It takes more. You want someone with the personality traits and skills to handle the trust correctly.

1. Financial Competence

A trustee should have at least the following traits:

  • Basic investment knowledge
  • The ability to manage budgets and accounts
  • Comfort working with financial advisors, accountants, and attorneys

Dealing with the trust often means important decisions on taxes, long-term asset protection, and investment decisions. If the person struggles with this in their normal life, they may not be a good pick for your trust.

2. Reliability and Organization

Look for someone who is:

  • Organized
  • Detail‑oriented
  • Consistent in following through on responsibilities

Trustees have to be very organized. They have to meet deadlines and follow legal requirements.

3. Good Judgment and Neutrality

A strong trustee should be:

  • Fair and impartial
  • Able to resolve conflicts
  • Comfortable making difficult decisions

If your beneficiaries do not get along, choosing a neutral trustee may prevent future disputes.

4. Willingness to Seek Professional Help

You want someone who is humble enough to say, “ok, I’m getting a professional to help with this.” They may need advice from:

  • An attorney
  • A certified public accountant (CPA)
  • Financial advisors

Individual Trustees vs. Corporate Trustees

Illinois residents may choose an individual to be the trustee, or a corporate trustee to do the work. There are pros and cons to each choice.

Individual Trustees

Pros:

  • Familiar with family dynamics
  • Often more flexible and personal
  • May cost less than a corporate trustee

Cons:

  • May lack financial or legal expertise
  • Could become overwhelmed by the workload
  • Risk of bias or family conflict
  • May become unable or unwilling to serve over time

Corporate Trustees

Banks and trust companies offer professional trustee services.

Pros:

  • Experienced in trust administration
  • Neutral and impartial
  • Institutions do not become incapacitated or pass away
  • Strong recordkeeping and compliance systems

Cons:

  • Higher fees
  • Less personal familiarity with the family
  • May be more formal or rigid in decision‑making

Corporate trustees are often ideal for larger estates, long‑term trusts, or situations involving complex assets or potential family conflict.

Practical Considerations When Making Your Choice

lawyer reviewing contract with clients

Before finalizing your trustee selection, consider:

  • The complexity of your assets
  • The age and health of your chosen trustee
  • Whether the trustee lives in Illinois
  • The potential for family conflict
  • The trustee’s willingness to serve

It is also wise to discuss your expectations with the potential trustee before naming them in your trust.

Pick the Right Trustee for Your Illinois Trust

Picking the right trustee can make a big difference. You want someone that will follow your instructions, adapt when necessary, and handle everything with the utmost integrity. Your attorney can help you build the trust and pick the right person to handle it.

Let the experienced estate planning lawyers at Bielski Chapman, Ltd. help you create your trust. Contact us today for a free consultation.