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Blog Posts About Trustee Duty

Once in a while, we do see trustees giving away money from a trust to people who aren’t actually named beneficiaries of the trust. To this day, I have no idea why they do it. Misappropriation of Trust Funds by Trustee The situations in which we normally see this is…

Ok, so you’re a beneficiary and you just did a title search on the asset that’s in the trust and you find that it’s in the name of the trustee, who is your older brother perhaps.  And you say, “Wait a minute.  Why is the title to the trust asset…

Who should you choose to be the trustee of your trust? It’s an important question and most people don’t spend a lot of time thinking about. When I used to do estate planning, my clients would say to me, well who should have I be the trustee of my trust? …

I want to address professional trustee’s fees. These are different than lay trustee fees. A lay trustee is a brother or sister or somebody else in the family that is named trustee. A professional trustee is generally a large bank, or it’s a large company that holds themselves out as…

Beneficiaries often contact our firm and say that they want a trust accounting.  An accounting is a great way to get informed about the trust administration.  But not every situation calls for a full-blown accounting. A full formal trust accounting, is a very involved process.  There’s a lot that goes…

We get the question, time to time, how do I as a trustee make a big decision that impacts the trust from a financial standpoint and get protection for making that decision so that the trust beneficiaries don’t later on down the road sue me for that decision? Here’s a…

There will be times when a trustee will be managing a trust and they’ll come across a trust asset that simply isn’t worth anything.  It could be an interest in a partnership that has gone defunct and is no longer in business.  It could be a lot of land out…

In most cases, if a trust has bills that it has to pay or debts that have to be paid off, those things will be paid out of the trust estate by the trustee.  One of the trustee’s jobs is to pay for all the expenses and debts of the…

In some instances, a trust document will give a beneficiary the power to remove the trustee.  The first thing you should do is take a look at your trust document.  Look through the trustee provision and see if there is a provision for removing the trustee.  A removal provision would…