TRUSTEE Flashcards
Trustee removal
for cause:
- embezzlement
- breach of duty
- fraud
- self-dealing
- incapacity
- hostility
Trustee job
manage trust for benefit of beneficiaries
Trustee duty
administer the trust
enforce claims
defend claims
duty not to delegate
can hire accountants/ lawyers to assist
beneficiaries disappointed in trustee investment decisions
result in prudent investor rule.
control and preserve and make productive trust assets in your decision making
- invest in reasonable care prudence and trust of beneficiaries needs in mind.
- put together what you need to accomplish those goals
Hindsight rule
beneficiaries use hindsight and sue
any individual asset as long as justified in overall investment strategy to accomplish trust purposes
asset failing is not a breach per se
number one way to preserve assets
liability insurance
protections for 3d parties
real estate brokers
TRustee de son tort
hold someone not a trustee and hold accountable as if they were