Episode 7: Choosing the Right Fiduciaries

Who Will Carry Out Your Wishes?

Who should you trust with your most important decisions? The StoryOne team breaks down the roles and responsibilities of fiduciaries, from managing assets to caring for loved ones. They share guidance on choosing individuals who are willing and capable. and align with your values. Discover why this decision is both deeply practical and deeply personal.

[00:00:00] – Introduction

 

Welcome to Story Lens podcast with hosts Kenny Conklin, Cameron Bond, and John Christensen discussing wealth planning and estate strategies [0:19]

 

Key point: Episode focuses on choosing fiduciaries – executors, trustees, guardians, and powers of attorney [0:52]

 

[00:01:26] – The Reality of Being a Fiduciary [15:57]

 

John shares experience from trust company presentations where people who had served as trustees/executors didn’t want to do it again [31:26]

 

Key points:

  • Being a fiduciary is “the greatest honor that nobody wants”
  • Roles are administratively heavy and time-consuming
  • Often people appoint their most successful contacts who are already busy [1:42]

 

Notable moment: [00:01:52] – Zero hands raised when asked who wants to serve as fiduciary again

 

[00:02:40] – Types of Fiduciary Roles Explained [31:05]

 

Overview of different fiduciary positions in wills and trusts: executors, guardians, trustees, trust protectors, and attorneys-in-fact [2:58]

 

Key points:

  • Will appointments: executor (personal representative) and guardian for minor children [13:51]
  • Trust appointments: trustee, trust protector, special trustees
  • Power of attorney: attorney-in-fact (agent) appointed by principal [3:57]
  • Guardian for yourself can be appointed for incapacity situations [13:52]

 

[00:05:33] – What to Expect as an Executor [5:33]

 

Detailed explanation of executor duties including marshaling and securing assets [6:06]

 

Key points:

  • First duty is contacting an attorney and opening probate [5:50]
  • Process is like “CSI” – investigating what the deceased owned [7:22]
  • Electronic statements make asset discovery more difficult
  • Average estate settlement takes 1-2 years [18:10]

 

Notable moment: [00:06:53] – Example of complex asset identification in blended marriages

 

[00:10:19] – Trustee Role vs. [11:33] Executor

 

Comparison showing trustees have easier asset access since assets are already titled in trust name [10:58]

 

Key points:

  • Trust-based plans avoid probate court [10:20]
  • Trustees can act immediately with death certificate and trust document [10:19]
  • Example of business continuity – wife could operate LLC 10 days after husband’s death [10:58]

 

Notable moment: [00:11:33] – Real-world example of seamless business transition

 

[00:13:19] – Guardian Responsibilities [12:38]

 

Discussion of guardian role for minor children and the emotional aspects of selection [14:45]

 

Key points:

  • Guardian nominated in will, but court makes final appointment
  • Guardian responsible for child’s person/wellbeing, not necessarily assets
  • Recommendation to separate guardian and trustee roles for checks and balances [15:09]
  • Consider worldview alignment and child-rearing philosophy

 

[00:16:22] – Specializing Power of Attorney Roles [3:53]

 

Explanation of separating healthcare and financial powers of attorney based on expertise [16:05]

 

Key points:

  • Healthcare professionals better suited for medical decisions
  • Financial professionals better for asset management
  • Duration varies by role type (lifetime vs. [17:40] estate settlement vs. multi-generational)

 

[00:18:11] – Duration and Strategic Thinking in Fiduciary Roles [31:26]

 

Discussion of long-term nature of trustee roles and need for strategic thinking [31:26]

 

Key points:

  • Some trustee roles last 40+ years [18:21]
  • Need balance between administration and strategy
  • Example of GST tax planning requiring sophisticated decision-making

 

Notable moment: [00:20:12] – Complex example of generation-skipping trust strategy [19:19]

 

[00:21:37] – Multiple Fiduciaries and Co-Trustees [21:32]

 

When and why to appoint multiple people to fiduciary roles

 

Key points:

  • Co-trustees can provide training transition (kids becoming trustees at 25, then independent at 30) [22:13]
  • Tax reasons may require external trustees
  • Multiple signatures create administrative burden
  • High trust and good relationships essential for co-fiduciaries [29:33]

 

[00:26:14] – When Professional Fiduciaries Are Necessary [26:04]

 

Specific situations requiring professional trustees or specialized expertise [27:43]

 

Key points:

  • Special needs trusts require professional administration [27:43]
  • Business assets may need special trustees with industry knowledge [27:43]
  • Real estate holdings present challenges for corporate trustees [27:43]
  • Complex trusts need professional support or knowledgeable advisors

 

[00:30:11] – Corporate Trustee Benefits and Team Approach [29:51]

 

Advantages of corporate trustees and hybrid approaches [29:51]

 

Key points:

  • Corporate trustees handle administration, accounting, tax returns [29:51]
  • Individual trustees can focus on big-picture family decisions
  • Ability to appoint co-trustees provides flexibility [29:35]
  • Individual trustees often need professional team support [29:26]

 

[00:31:22] – Closing Advice and Recommendations

 

Final thoughts on fiduciary selection and preparation [31:26]

 

Key points:

  • Take time for thoughtful conversation about fiduciary selection [31:26]
  • It’s acceptable to decline fiduciary roles if not suitable [32:17]
  • Maintain annual balance sheets for successor fiduciaries
  • Make “clean handoff” of information to chosen fiduciaries

 

FEATURED MOMENTS:

  • [00:01:52] – Revelation that no one wants to serve as fiduciary again after experience [31:26]
  • [00:11:33] – Real-world example of seamless business transition through proper trust planning [10:58]
  • [00:20:12] – Complex generation-skipping trust tax strategy example [19:19]
  • [00:24:52] – Family division story showing emotional risks of poor fiduciary planning [24:52]

 

RECOMMENDED SEGMENTS FOR TIME-LIMITED VIEWERS:

  • [00:01:26] – The Reality of Being a Fiduciary – Essential context about the burden of these roles [31:26]
  • [00:05:33] – What to Expect as an Executor – Practical understanding of the most common role [5:33]
  • [00:26:14] – When Professional Fiduciaries Are Necessary – Critical decision-making guidance [25:57]

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