San Francisco

San Francisco

Tuesday, June 21, 2011

Trustee Duties

Elizabeth Adler is the court appointed Trustee for my Grandmother's Trust.

A Trustee's duties include:

DUTY OF LOYALTY:  A trustee may not seek advantage from a beneficiary, nor may a trustee wield power for his or her own "aggrandizement, preference or advantage" to the detriment of the beneficiaries.

DUTY TO AVOID CONFLICTS OF INTEREST:  A trustee has a basic fiduciary duty to avoid conflicts of interests.

DUTY OF IMPARTIALITY:  The trustee has a duty to deal impartially with all beneficiaries of a trust and must act impartially in investing and managing trust property, while at the same time considering the differing interests of the beneficiaries.

DUTY TO DISCLOSE:  The trustee has the duty to keep all of the trust beneficiaries reasonably informed of the trust and its administration.

DUTY NOT TO DELEGATE:  The Trustee has the duty to render personal services and not to delegate to others acts that the trustee should be reasonably expected to perform.

DUTY TO KEEP TRUST ASSETS SEPARATE:  The trustee must properly identify trust assets and keep those assets separate from his or her own.

DUTY TO ENFORCE OR DEFEND CLAIMS:  The trustee has a general duty to take reasonable steps to enforce claims of the trust.  The trustee must consider the costs of enforcing the claim, the chances of success and the likelihood of collecting a judgment.

Check back later today to learn how 
Ms. Adler is in Breach of Trust!