Trust Admin. Flashcards
A private trustee cannot do these three things:
Buy or sell trust assets to itself
Borrow trust funds
Sell assets from one trust to another
A corporate trustee can/cannot purchase its own stock as a trust investment.
Cannot
A corporate trustee can/cannot retain its own stock if a part of the original trust property.
Can
6 Elements of the Prudent Investor Rule
Duty not to commingle
Duty to balance return with potential risk
Duty to diversify investments
Duty to keep trust productive
Duty to delegate investment decisions ONLY as permitted by state
Duty to participate in trust admin
To whom can a trustee delegate investment decisions in PA? What must be true
To an agent PROVIDED the trustee uses reasonable care in the selection
When does PA allow for trust admin. decision by majority rule?
When 3 or more trustees
Whenever the trustee, custodian, guardian, or personal rep breaches a fiduciary duty (self-dealing, improper investment, etc), the beneficiary has 3 options
Ratify the transaction and waive the breach
Sue for the resulting loss (called surcharge)
Trace and recover the property of the trust (in a self-dealing case)