Frequently, our clients have trusted family members, advisors or institutions who are appropriate for nomination as a fiduciary such as an attorney-in-fact under a Durable Power of Attorney, a Trustee of a trust, an Executor named in a will, or a prospective Guardian or Conservator. However, there are cases where a client may want us to serve in a contingent position, in case the first-named fiduciary is unable to serve or to continue to serve. In other circumstances, it may be appropriate for us to serve as a fiduciary for legal and tax reasons (e.g., to serve as trustee of a New Hampshire "dynasty" trust) or because of a longstanding relationship with the client.
There is never a requirement that our clients utilize our services as a fiduciary in order for us to do estate planning, but we are available if it is the client's preference.
If an institutional trustee is desired, we can provide suggestions as to prior client experiences and suggestions for particular circumstances.
You may also wish to see our website www.wellesleyestateplanning.com for additional information concerning estate planning.
The American Bar Association Estate Planning & Probate Section has a FAQ.