Tag Archives: Moral character

The Rise of Litigation Involving Trust Protectors

Disputes involving trust protectors are increasing in number and will likely only further increase in number in the coming years. This blog post discusses what a trust protector is, whether trust protectors owe fiduciary duties (and to whom), and why litigation involving trust protectors is likely to increase in the future. What Is A Trust Protector? A trust protector is a person who is named in a trust to exercise varying types of oversight functions with respect to a trustee, or to exercise certain powers with respect to amending the trust. The powers of a trust protector can vary widely, …

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Perfect Estate Plans (On Paper) Can Still Lead to Litigation

Having handled approximately 100 estate disputes, I’m frequently asked what people can do with their estate plans to try to prevent disputes from arising among their family members. Having a proper estate plan in place is unquestionably a key component to preventing a dispute among family members. But perhaps equally important is naming competent, honest people to the fiduciary positions in an estate plan. Here’s what I mean.  The most well-written estate plan can’t prevent the following scenarios: a trustee who mismanages a trust, a trustee who refuses to inform and report to the beneficiaries as required by law, or …

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Posted in Fiduciary Duties, Trust Disputes, Will Disputes \ Comments Off on Perfect Estate Plans (On Paper) Can Still Lead to Litigation