Co-Fiduciaries (Trustees, Agents, Personal Representatives)

Should you name co-fiduciaries in your estate planning documents? In other words, should you name your two (or more) children to serve as joint successor trustees, or personal representatives, or agents? Our short answer: no. Co-fiduciaries do not generally make things easier or fairer — they instead are likely to create additional confusion and disagreement. And with two people in charge, it’s harder to identify who is responsible for which steps. The inclination is common. I love my children equally, and don’t want to choose one over the other. So I want them to serve as co-fiduciaries. They mostly get along, and they work together well. What could go wrong? A lot. And not just in their relationships with one another. Think about your banker, your stockbroker, your real estate agent. Do all of them get along with your children, too?