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Trust Solutions
Trusts
• Living
• Testamentary
• Asset Protection
• Dynasty
• Special Needs
• Settlement
• Qualified Deferred Compensation
• Rabbi
• Irrevocable Life Insurance Trusts (ILITs)
• Charitable
Agencies
• Custodian
• Escrow Agent
• Agent for Trustee
• Agent for Executor
Guardian of Estates
• Minors
• Adults
Estate Settlement
• Executor
• Administrator
Investment Management
MonteClare offers administrative only services.
Trust Accounting
Court Accounting
Fiduciary Accounting
Fraud Detection & Resolution
Prevention
Detection
Resolution
Montioring
Specialty Assets
MonteClare offers management and administration of specialty assets, including closely held businesses, real estate, oil and gas interests and unique collectibles, ensuring proper valuation, oversight, compliance and alignment with the trust’s objectives.
Associated Services
Trust Protectors
Trust Protectors serve as independent third-party appointees to oversee administration of trusts and ensure that grantor's intentions are fufilled, particularly when unanticipated and unexpected situations and conditions emerge.
Benefits Associated with Trust Protectors:
Flexibility and Adaptation: Trusts, particularly irrevocable ones, can be difficult to modify. A trust protector can be granted powers to amend the trust to address changing family situations, legal updates, or the grantor's evolving wishes, potentially avoiding costly court proceedings.
Oversight of Trustees: A trust protector can monitor the trustee's actions, ensuring they are managing the trust prudently and in accordance with the grantor's intent. They can even remove and replace a trustee who is not performing their duties adequately.
Beneficiary Protection: A trust protector can safeguard the interests of beneficiaries, especially in cases where a beneficiary may have special needs or be unable to manage their own affairs.
Dispute Resolution: A trust protector can act as a mediator to resolve disputes between trustees and beneficiaries, potentially preventing litigation.
Asset Protection: In some cases, a trust protector can help protect trust assets from creditors or other risks.
Who Can Serve as a Trust Protector?
While anyone can technically serve as a trust protector, they should be:
Independent: Not a beneficiary, trustee, or grantor of the trust.
Competent: Able to understand and fulfill the duties of a trust protector.
Trustworthy: Someone the grantor can rely on to act in good faith.
Examples of Trust Protector
Services:
Reviewing trust documents: Ensuring the trust accurately reflects the grantor's wishes and complies with relevant laws.
Monitoring trustee performance: Reviewing accountings and other reports to ensure the trustee is fulfilling their fiduciary duties.
Amending the trust: Making necessary changes to the trust terms as needed.
Removing and replacing trustees: If a trustee is not acting in the best interests of the beneficiaries.
Resolving disputes: Mediating disagreements between trustees and beneficiaries.