Sheppard Law Firm

Sheppard Law Firm Sheppard Law Firm has helped Florida families protect their legacy for 100+ years. Call 239-334-1141 today!

With offices in Fort Myers, Naples, and Sanibel, our Board Certified attorneys craft estate plans built to last.

When selecting a trustee, most people focus on the wrong thing.They ask: "Who deserves it?" or "Who will feel left out i...
05/26/2026

When selecting a trustee, most people focus on the wrong thing.

They ask: "Who deserves it?" or "Who will feel left out if I don't choose them?"

But those aren't the right questions.

Here's what actually matters:

1. Organization
Can they keep track of accounts, deadlines, and paperwork? Trustees manage details - a lot of them.

2. Communication skills
Will they keep beneficiaries informed? Most trustee disputes happen because someone felt left in the dark.

3. Financial literacy
They don't need to be experts - but they should be comfortable working with advisors and making financial decisions.

4. Emotional steadiness
Can they make tough calls without being swayed by guilt, pressure, or favoritism?

5. Availability
Do they have the time to actually do the job? A busy executive or parent of young children may not be the right fit.

6. Willingness
Have you asked them? Some people don't want the responsibility - and that's okay.

Choosing the right trustee isn't about who earned it. It's about who can actually do it.

And sometimes, that means choosing someone other than the obvious choice.

Today, we pause to honor the men and women who gave everything in service to this country. From all of us at Sheppard La...
05/25/2026

Today, we pause to honor the men and women who gave everything in service to this country.

From all of us at Sheppard Law Firm. thank you to our veterans and to the families who carry on in their honor. Wishing you a meaningful Memorial Day.

Not every family needs a corporate trustee.But some families would benefit from one - and don't realize it until problem...
05/21/2026

Not every family needs a corporate trustee.

But some families would benefit from one - and don't realize it until problems arise.

If any of these apply to you, it might be worth considering:

• Your estate includes complex assets (real estate, business interests, investments)
• Your trust will continue for many years after you're gone
• Your beneficiaries have special needs
• Your family relationships are complicated
• You don't have an obvious family member to name

Our free book - Selecting Your Trustee - includes a full chapter on professional trustees:

• What services they provide
• What questions to ask before hiring one
• How to evaluate fees and compare options
• When a hybrid approach (family + professional) makes sense

📘 Request your free copy - and explore all your options.

Selecting Your Trustee - Book – Sheppard Law Firm Estate Planning, Probate & Trust Administration Attorneys

Individual Trustee vs. Corporate Trustee: What's the Difference?Not sure whether to name a family member or a profession...
05/19/2026

Individual Trustee vs. Corporate Trustee: What's the Difference?

Not sure whether to name a family member or a professional trustee? Here's a quick comparison:

Individual Trustee (Family Member or Friend)
✅ Knows you and your values
✅ No ongoing fees
✅ Personal connection to beneficiaries
❌ May lack expertise
❌ Can become incapacitated or pass away
❌ Potential conflicts of interest

Corporate Trustee (Bank or Trust Company)
✅ Professional investment management
✅ Continuity - doesn't retire or die
✅ Neutral in family disputes
✅ Experienced with complex situations
❌ Ongoing fees (usually a percentage of assets)
❌ Less personal relationship
❌ May feel impersonal to beneficiaries

The Hybrid Approach
Many families use both - a family member as co-trustee with a corporate trustee. The family member provides personal insight; the professional handles investments and administration.

There's no one-size-fits-all answer. The right choice depends on your family, your assets, and your goals.

She named all three kids as co-trustees to keep things “fair.”It took two years, a lawsuit, and fractured relationships ...
05/18/2026

She named all three kids as co-trustees to keep things “fair.”

It took two years, a lawsuit, and fractured relationships to settle the estate.

Here’s why equal doesn’t always mean functional. 👇

She named all three of her children as co-trustees because she wanted to be fair. Two years later, they weren’t speaking — and legal fees had drained the estate. Sometimes “equal” creates more conflict than clarity.

Our free book - Selecting Your Trustee - helps you think through these issues before they become problems:• What qualiti...
05/14/2026

Our free book - Selecting Your Trustee - helps you think through these issues before they become problems:

• What qualities to look for in a family trustee
• When co-trustees make sense (and when they don't)
• How to avoid conflicts of interest
• What to do if no family member is the right fit

📘 Request your free copy - and choose your trustee with confidence.

Selecting Your Trustee - Book – Sheppard Law Firm Estate Planning, Probate & Trust Administration Attorneys

A lot of parents think naming all their children as co-trustees is the "fair" thing to do."They're all equal. They shoul...
05/13/2026

A lot of parents think naming all their children as co-trustees is the "fair" thing to do.

"They're all equal. They should all have a say."

But fairness and effectiveness aren't the same thing.

Here's what co-trustees actually have to deal with:

• Every decision requires agreement. Buying, selling, distributing - all of it. If one trustee disagrees, the process stalls.

• Distance creates delays. If your children live in different states, coordinating becomes a logistical challenge.

• Old dynamics resurface. Sibling relationships are complicated. Under stress, childhood roles often come back. The "responsible one" ends up doing all the work. The "sensitive one" feels left out.

• Conflict can escalate fast. Disagreements over money can turn into permanent rifts.

Sometimes co-trustees work beautifully - especially when siblings communicate well and respect each other's strengths.

But sometimes naming one trusted child - with clear instructions to keep the others informed - is the better path.

It's not about who deserves it. It's about what works.

For most married couples, the first instinct is simple:"I'll name my spouse as trustee. Who else would it be?"And in man...
05/11/2026

For most married couples, the first instinct is simple:

"I'll name my spouse as trustee. Who else would it be?"

And in many cases, that's the right call. Your spouse knows your wishes. They share your values. They have the most to lose if something goes wrong.

But it's not always that simple.

Here are a few questions to consider:

Is your spouse comfortable with financial decisions?
Some spouses have handled the finances together for decades. Others have never balanced a checkbook. Being a trustee requires working with advisors, making investment calls, and managing distributions.

What happens if they become incapacitated too?
If you both decline at the same time - or close together - who steps in? Your plan needs a clear succession, not just a primary name.

Are there blended family dynamics?
In second marriages, naming your spouse as trustee can create real tension with children from a prior marriage. Your spouse may be required to balance their own interests against your children's - a conflict that can tear families apart.

Will they have the emotional bandwidth?
Grief is hard enough. Managing an estate on top of it can be overwhelming.

Your spouse might be the perfect choice. Or they might need a co-trustee or professional support. The key is to think it through - not just default to the obvious answer.

Naming a trustee is only the first step. Preparing them is what truly matters.
05/08/2026

Naming a trustee is only the first step. Preparing them is what truly matters.

I’m a board-certified estate planning attorney. But when I became trustee for my own parents, there were nights I lay awake wondering if I’d made the right decisions. That experience changed how I think about choosing — and preparing — a trustee.

f you've named a trustee in your estate plan, do they know what they're signing up for?Here's a partial list of what the...
05/06/2026

f you've named a trustee in your estate plan, do they know what they're signing up for?

Here's a partial list of what they may have to do:

During your disability:
• Pay your bills and manage your accounts
• Work with your financial advisor on investments
• Make decisions about your care and living situation
• Coordinate with family members

After you pass:
• Locate and secure all assets
• Notify banks, advisors, and government agencies
• Pay final expenses, debts, and taxes
• File tax returns
• Communicate with beneficiaries
• Distribute assets according to the trust terms
• Keep detailed records of everything

And if your trust continues for a surviving spouse or children, the job goes on for years - sometimes decades.

Your trustee doesn't need to be a financial expert. But they do need to be organized, available, and willing to ask for help.

When people create their estate plan, they often treat naming a trustee like giving out an award."I'll name my oldest. I...
05/05/2026

When people create their estate plan, they often treat naming a trustee like giving out an award.

"I'll name my oldest. It's an honor."

But here's what we've learned after decades of working with families:

Being named as a trustee isn't an honor. It's a responsibility.

Your trustee will have to:
• Make investment decisions on your behalf
• Pay bills, manage accounts, and handle taxes
• Communicate with your beneficiaries (including siblings who may disagree)
• Navigate legal requirements and fiduciary duties
• Make difficult judgment calls with real consequences

This isn't a ceremonial title. It's a real job - one that can take months or years to complete.

And if you name the wrong person, your estate plan - no matter how well drafted - can still fail.

This month, we're going to talk about what it really means to select a trustee. Not based on who deserves the title, but based on who can actually do the work.

Address

9100 College Pointe Court
Fort Myers, FL
33919

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Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 5pm

Telephone

+12393341141

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