Category Archives: Duties of Trustee

Who Will Be Your Trustee?

Here is an excellent review of important considerations when choosing a Trustee for your Trust.  These considerations also apply when you are choosing a Personal Representative or an Executor. Who can you trust…with your Trust?

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Trust Allocation of Timber Sale Proceeds under the Uniform Principal and Income Act

The Uniform Principal and Income Act (the “UPAIA”) was completed by the Commissioners on Uniform State Laws in 1997.  The UPAIA was adopted shortly afterward by the State of Idaho.  It has been adopted as of the writing of this … Continue reading

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“TRUSTEE SCORECARD®” TRADEMARK REGISTRATION AWARDED

 Masterson Receives Registration by US Patent and Trademark Office Serving as a Trustee of a Trust can be a daunting process for even the most well-prepared person.   The personal liability for a Trustee can be overwhelming, if the Trustee is … Continue reading

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Selecting a Trustee: Other Considerations

What criteria do you use to choose a fiduciary or to assist a client in choosing a fiduciary? Many of us, particularly those of us who are professional advisors, are familiar with many of the legal, financial, and even risk … Continue reading

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Choosing a Trustee – What Characteristics are Needed?

Those Grantors who don’t struggle with the selection of a Trustee probably should.  I’ll confess that poor Trustee selection creates revenue opportunities for me, either through the cost of cleaning up a Trust mess or as an expert witness in … Continue reading

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Too Many Eggs in the Trustee’s Basket

I recently worked on a piece of trust litigation where the deceased Grantor of a Trust restricted the ability of the Trustee to sell a leveraged asset that comprised > 95% of the Trust’s assets.  Regardless of the Grantor’s intentions, … Continue reading

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Is the Trustee you’ve selected qualified and prepared?

Excellent guidelines to use in choosing the appropriate Trustee for your trust(s).  The answer is not as simple as you would think. Who is Fit to Be Trustee? Ask me about Trustee Scorecard (TM)

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Avoiding Heir-raising Horror Stories

Encourage your clients to plan intentionally for their children.  They do their children no favors when the kids are given responsibilities for which they are unprepared. Goodbye Family Fortune

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Trustees and the Attorney-Client Privilege

The fiduciary exception to attorney-client privilege is fertile ground for trust litigation.  I’ve seen many situations where the attorney is advising  his or her client on the same matter, with the client as the Trustee and as the beneficiary of … Continue reading

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The 5 biggest mistakes a Trustee can make

This article from Barrons is a bit understated in some respects, but the points made are important ones. The Five Biggest Ways To Bungle a Trust  

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