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How a simple referral reduces your headaches, protects your reputation, and differentiates your practice

You draft meticulous trusts. You anticipate contingencies. You guide clients through difficult decisions with care and expertise. Then the documents are signed, and your work is technically complete. But here’s what most estate planning attorneys experience: the phone calls don’t stop.

The Post-Execution Problem

Years after signing, trustees call in a panic. Beneficiaries complain. Family conflicts erupt. And somehow—despite doing everything right—you’re pulled back into situations you can’t bill for and didn’t cause.

The Call You GetWhat Actually Happened
“The trust isn’t working”Trustee made poor investment decisions
“My brother is suing”Beneficiary disputes over discretionary distributions
“Did you draft this correctly?”Administrative errors during execution
“Can you fix this?”Family conflict unrelated to document quality

The uncomfortable truth: Clients rarely separate legal drafting from trust outcomes. When administration goes sideways, your reputation absorbs the impact—even when your work was flawless.

What Trustee Insurance Actually Does for You

Trustee liability insurance isn’t primarily about the trustee. It’s about containing problems before they become your problems.

Your Pain PointHow Trustee Insurance Helps
Trustee mistakes lead to lawsuitsInsurance mitigates damages before disputes escalate
Clients blame “bad advice”Creates a buffer between your planning and execution failures
Family conflict reflects poorly on your firmHelps resolve issues without adversarial litigation
Trustees afraid to act decisivelyInsurance gives them confidence to execute your plan
Panicked calls years laterFewer emergency consultations eating your time
Requests for “free fixes”Claims handled outside your legal scope

Translation: Less non-billable time managing fallout from trust administration.

The Reputation Shield You Didn’t Know You Needed

Consider how disputes typically unfold:

Without InsuranceWith Insurance
“This trust caused problems”“Issues were insured and resolved”
Beneficiaries question your competenceIndependent coverage reinforces professionalism
Emotionally charged online reviewsFewer disputes reaching that intensity
Subpoenas and depositionsReduced litigation exposure

When trustees have professional protection, problems get handled through claims processes—not through calls to your office or complaints about your firm.

Why This Is an Easy “Yes” for Your Practice

Attorneys understandably hesitate around anything that sounds like product sales. Here’s why trustee insurance is different:

Your ConcernThe Reality
“Is this selling insurance?”No—it’s a referral to a specialist
“Does this create liability?”No—the client decides independently
“Will clients be annoyed?”No—it demonstrates thoroughness
“Does this help me operationally?”Yes—fewer post-signing headaches

The recommended language is simple and safe:

“We recommend you speak with a specialist about trustee liability protection.”

This is neutral, protective, and positions you as thorough—not as a salesperson.

The Differentiation Opportunity

Your clients choose you because you’re relationship-driven, educational, and focused on long-term protection. Trustee insurance extends that positioning:

Competitive AdvantageClient Perception
Goes beyond documents“My attorney thinks holistically”
Anticipates future risks“They’re experienced and practical”
Protects the people I’m trusting“They care about everyone involved”
Solves one more “what if”“This firm is sophisticated”

For practices like yours that emphasize peace of mind, clarity, and protecting families, this is a natural extension of your value proposition—not an add-on.

What Trustees Actually Face

For context, here’s what your appointed fiduciaries are exposed to:

Risk CategoryExamples
Breach of fiduciary duty claimsAlleged mismanagement, self-dealing, impartiality failures
Beneficiary disputesDistribution timing, interpretation disagreements
Investment liabilityImprudent investing, failure to diversify
Administrative errorsMissed deadlines, accounting mistakes, tax issues
Third-party claimsCreditors, business partners, co-trustees

Defense costs alone can reach six figures—regardless of outcome. These costs deplete trust assets, fracture family relationships, and unravel the plan you designed.

Identifying Candidates in Your Practice

Not every trust requires this coverage. Consider these factors:

IndicatorWhy It Matters
Illiquid or complex assetsHigher administration difficulty
Multiple beneficiaries with competing interestsIncreased dispute probability
Non-professional family member trusteeLess experience managing exposure
Discretionary distribution provisionsMore judgment calls, more liability
Any history of family conflictElevated litigation risk

Two or more factors warrant a conversation with a specialist broker.

The Referral Relationship Model

You don’t need to become an insurance expert. A specialist broker handles:

  • Underwriting and policy placement
  • Ongoing service and renewals
  • Claims support when issues arise

Your role is simply making the introduction when appropriate. The result:

StakeholderOutcome
Your clientComprehensive protection they didn’t know existed
The trusteeCoverage and confidence to execute the plan
Your practiceEnhanced value without added complexity
Your reputationProtected long after documents are signed

The Bottom Line

Trustee insurance protects the estate plan after your work is done—reducing conflict, protecting trustees, and preserving your reputation long after documents are signed.

It’s not about selling a product. It’s about closing the loop on the protection your clients hired you to provide—and insulating your practice from problems you didn’t create.


Questions about how trustee insurance works or how to position it with clients? Happy to discuss.

JB is the founder of Greenpoint Insurance Advisors, specializing in trustee and fiduciary liability coverage. With 17+ years in risk management and personal experience as a trustee, he partners with estate planning attorneys to protect their clients’ legacies—and their practices.