Quote Originally Posted by P-Unit:
Trends, I actually work for a trust company as an investment manager of trusts just like the one you have. It appears that the trustee has sole investment authority, which gives them the right/ability to invest as they deem prudent. The tricky thing with trusts is that because of their fiduciary responsibility to you, they must follow what's known as the Prudent Investor Rule. Basically, they have to develop a proper allocation and investment strategy designed to benefit you based on long term results. They should have some funds invested globally (probably via low cost mutual funds) as well as some in bonds and cash, along with a US stock portfolio consisting of large, mid, and small cap stocks. As far as precious metals go, some trustees (mine does) promote in investing in alternative assets, but they use a broad based mutual fund to get exposure to all commodity-related investments (PIMCO offers an excellent option called the PIMCO Commodity Real Return Fund).
Vermeer is correct in that you need to review the terms of the trust. Sometimes, you have the ability to name a new trustee. I always find that mixing relatives and money is a sticky proposition. My company does not allow us to manage portfolio's for people we know outside of work in order to reduce any possible conflict of interest.
If naming a new trustee is not allowed by the document, then you need to learn to work with the trustee to develop a better long term plan that can accomplish your goals. They are obligated (by their fiduciary responsibility) to do that for you.
Excellent post. A few bullet points:
1. Carefully review the terms of the trust. It may allow for you to replace the trustee. Does it also allow for distributions to you for certain things or on certain standards? If so, ask the trustee what you need to provide to document that you meet the standard.
2. Write the trustee a letter about the portfolio mix. The trustee is not going to want to make a big bet on any one thing. That's just too risky. But if the portfolio is too much large-cap and too much in financials, etc., the trustee should be able to work with you to create an appropriate rebalanced portfolio.
3. Document all your requests in writing. The trustee is obligated to review the portfolio periodically to determine that it remains prudent.
But ultimately, since you don't own it yet, accept that you will not be able to have it invested exactly as you would if it were your own money. Ultimately a trustee's biggest fear usually is being sued for breach by the beneficiary, so if you have reasonable requests and ask appropriately, you should get results.