Can a Trustee Be a Beneficiary?

November 1, 2023

Trusts offer flexibility and protection that traditional estate plans cannot provide. They allow individuals to ensure that their assets are distributed according to their wishes, provide for loved ones, and minimize tax consequences. However, trusts require careful planning and consideration of the relationships between their various participants. Two essential roles in any trust are the trustee and the beneficiary.


As a Texas resident interested in setting up a trust, you might be wondering, can a trustee be a beneficiary? In this blog post, we will answer this question and provide more insights into the roles of trustees and beneficiaries in Texas trusts. 


What is a Trustee?

A trustee is a person or entity responsible for managing the assets within a trust. They have legal control of the trust property and are entrusted with the duty to follow the trust's terms, act in the beneficiaries' best interest, and manage the trust's assets prudently. Trustees have significant responsibilities. They have to keep accurate records of all transactions and file tax returns on behalf of the trust. 


What is a Beneficiary?

A beneficiary is a person or entity who is eligible to receive benefits from a trust. They can include family members, charities, or any other person or organization designated by the trust's creator. Beneficiaries have no control over the trust's assets and rely on the trustee to fulfill the trust's terms. They can receive income or assets from the trust, either periodically or at specific times, depending on the trust's design.


Can a Trustee Be a Beneficiary?

Yes, a trustee can be a beneficiary, but it can create a conflict of interest. If a trustee is also a beneficiary, they may be tempted to favor their interests over the other beneficiaries. This circumstance is especially problematic in situations where the trust benefits multiple people, and one person holds both roles. However, if the trust's language spells out specific conditions and requirements, where the trustee/beneficiary's compensation is based on performance requirements and other objective factors, there can be agreements and protocols to ensure equal and fair treatment.


What are Potential Conflicts?

The trustee's role is to act in the beneficiaries' best interest, regardless of the trustee's self-interest. However, if the trustee is also a beneficiary, their focus on their self-interest could conflict with that duty. For example, a trustee/beneficiary may be tempted to make distributions that favor themselves over the other beneficiaries. This conflict can cause resentment among the beneficiaries and could lead to a legal dispute. Or, a trustee may be predisposed to hold assets in the trust and not distribute them because they know that upon their death, they will be the main beneficiary. 


How Can an Attorney Help?

When considering trusts, an experienced estate-planning attorney can advise you on the different types of trust and their tax implications. They explain the benefits of establishing a trust and can guide you on who should be named a beneficiary. An attorney can help you navigate the duties and responsibilities of a trustee, best practices, and designing safeguards, protocols, and expenses related to trust management. If you appoint a trustee/beneficiary, your attorney can help you structure agreements and outline protocols to prevent conflicts of interest and ensure equal and fair treatment among beneficiaries.


Setting up a trust in Texas requires careful planning and consideration of the roles of trustees and beneficiaries. A trustee has significant responsibilities, including managing the trust's assets, filing tax returns, and following the trust's terms. Beneficiaries rely on the trustee to fulfill the trust's terms and can receive income or assets from it. Regardless of their roles, a trustee cannot fulfill their responsibilities if there is a conflict of interest, which could occur if the trustee is also a beneficiary. However, by carefully structuring protocols and agreements, trustees can be beneficiaries without violating their fiduciary duties. Ready to set up a trust or want to learn more? Contact us today!


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