It has become more common for trustors to select someone who is not a beneficiary of the trust estate, often a close relative, to serve as trustee. While the “crown” of trusteeship imbues that trustee with tempting powers – including over that mound of “gold” sitting in the trust – it also comes with duties … Continue Reading
Many family member trustees are uncertain about whether and to what extent they can use trust assets to obtain legal representation. For example, when two parents choose their daughter, upon their incapacity or death, to administer their trust as the successor trustee, the daughter may be unsure whether she can use trust money to hire … Continue Reading
A contest over the validity of a trust or a trust amendment is an expensive undertaking, typically requiring extensive discovery and a lengthy trial. Can a trustee use the trust’s assets as a war chest to fight off the contestant, even when the trustee is a beneficiary of the challenged trust document and thus has … Continue Reading
It has become more common for trustors to select someone who is not a beneficiary of the trust estate, often a close relative, to serve as trustee. While the “crown” of trusteeship imbues that trustee with tempting powers – including over that mound of “gold” sitting in the trust – it also comes with duties … Continue Reading