Client Safeguards
Individual trustees safeguard their clients' interests by upholding core fiduciary principles—including good faith, loyalty, reasonable skill and diligence. Their role demands personal attention, accurate accounting and transparent communication. This includes maintaining detailed records, keeping beneficiaries appropriately informed and consistently avoiding conflicts of interest
1. Good Faith and Loyalty: Trustees must act in the best interests of the beneficiaries and avoid any actions that could benefit themselves or others at the expense of the trust.
2. Reasonable Skill and Diligence: Trustees should exercise the level of skill and diligence that a reasonably prudent person would exercise in managing their own affairs. This includes seeking professional advice when necessary.
3. Personal Attention: Trustees should devote sufficient time and attention to managing the trust effectively and fulfilling their fiduciary duties.
4. Duty to Keep and Render Accounts: Trustees must maintain accurate records of all trust activities and provide reasonable information to beneficiaries upon request.
5. Maintaining Accurate Records: Detailed records of all financial transactions, communications with beneficiaries, and decision-making processes provide transparency and accountability.
6. Keeping Beneficiaries Reasonably Informed: Trustees should proactively inform beneficiaries of all relevant trust business, even without being asked, and provide reasonable information upon request.
7. Avoiding Conflicts of Interest: Trustees must avoid situations where their personal interests could conflict with the interests of the beneficiaries.
8. Preserving and Protecting Trust Assets: Trustees have a duty to preserve and protect the trust assets from loss or depreciation.
9. Following Trust Terms: Trustees must adhere to the terms of the trust document and the grantor's intentions.
10. Exercising Discretion Prudently: Trustees must exercise any discretionary powers granted by the trust document in good faith and impartially.
Insurance Protection
MonteClare maintains a firm commitment to the protection of trust beneficiaries and the integrity of fiduciary service.
As a matter of best practice and professional responsibility, MonteClare requires that all individual trustees affiliated with its programs maintain active Errors & Omissions (E&O) and Fiduciary Liability Insurance coverage.
This ensures that trustees are not only held to the highest standards of conduct but are also financially equipped to address any claims of negligence or fiduciary breach, thereby safeguarding the interests of beneficiaries and reinforcing the trust placed in MonteClare’s solutions.
.
Trust Accounting & Reporting
MonteClare, LLC upholds rigorous standards of transparency and accountability in the administration of every trust.
To ensure the protection of trust beneficiaries and compliance with fiduciary obligations, MonteClare maintains detailed accounting and reporting systems capable of delivering precise, timely, and fully auditable records.
These systems support customized reporting formats tailored to meet a wide range of needs, including court-mandated filings, judicial accountings and beneficiary-specific reporting schedules. Whether for routine updates or formal legal submissions, MonteClare’s infrastructure ensures that all trust activity is clearly documented and readily accessible.
Data Security & Privacy
MonteClare, LLC is deeply committed to safeguarding the privacy and security of all trust beneficiary information.
We maintain strict data governance protocols and utilize advanced security infrastructure to protect sensitive personal, financial, and legal data. All electronic records are stored in secure, access-controlled environments with multi-factor authentication, encrypted transmissions, and routine vulnerability assessments.
MonteClare limits access to confidential data on a need-to-know basis and trains its team regularly on best practices in data privacy and cybersecurity. Whether handling communication, documentation, or reporting, our processes are designed to ensure compliance with applicable privacy laws and industry standards — reinforcing the confidentiality and trust at the heart of every fiduciary relationship.
Key components include: • Encryption • Access Controls • Firewalls & Antivirus Software • Regular Monitoring & Audits
Principles include: • Consent & Transparency • Data Minimization • Retention Policies • Client Rights
Document Security
Trusts along with other legal and irreplaceable business documents are securely stored off-site at the San Antonio center of Safesite, Inc., an Austin, Texas-based business records storage and management services company serving Texas' major cities.
Storage and retrieval services are available to lawyers, hospitals, financial organizations and others requiring superior privacy, security and protection for medical charts, legal files, financial documents and all other record types.
Their record centers and vault facilities are climate controlled and monitored by professional security companies as well as local fire and police departments. Safesite also operates a fleet of radio-equipped vehicles with GPS tracking for prompt pick up and delivery of client documents and data.
Trust Protectors
Available at the option of beneficiaries, Trust Protectors are persons or entities appointed in a trust document to oversee and, if necessary, influence or direct the actions of the trustee to ensure that the trust is being administered according to the grantor’s intent.
A "Trust Protector" is a person or entity appointed in a trust document—usually in an irrevocable trust—to oversee the trustee and safeguard the intent of the trust creator (the grantor). TheTrust Protector acts as a non-fiduciary or limited fiduciary with powers specifically defined in the trust instrument.
Depending on the terms of the trust, the Trust Protector may be empowered to:
> Remove and replace the trustee
> Amend the trust to reflect changes in tax law or the grantor’s intent
> Resolve disputes between beneficiaries and trustees
> Approve or veto trustee decisions
> Change trust situs (jurisdiction) for tax or legal advantage
> Modify distributions if needed (e.g., to protect a beneficiary)
Distribution Committees
Distribution Committees represent individuals—often appointed by the trust's creator (grantor)—who are granted authority to review, approve or direct distributions of trust assets to beneficiaries. These Committee plays a key governance role, especially in discretionary trusts, complex estate plans or when a grantor wants oversight beyond a single trustee.
Contingent Successor Appointees
Beneficiary option to designate contingent successor appointees (e.g. family member; friend; trusted advisor)