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The Wealth & Wisdom Blog

Information on Estate Planning, Estate and Trust Administration and Unique Asset Planning

If the person (or entity) named by you as Trustee agrees to serve, that person (or entity) has certain legal duties.  In brief, these duties are as follows:

  1. Good Faith. The Trustee must abide by the terms of your trust agreement.
  2. Loyalty. The Trustee must make decisions for the benefit of the beneficiary or beneficiaries, not for personal gain.
  3. Impartiality  The Trustee must take steps to treat each beneficiary impartially.
  4. Reasonably Prudent Administration. In making investment and tax-related decisions, the Trustee must act as a “reasonably prudent person.”
  5. Protect and Control. The Trustee must take steps to protect the assets of the trust from loss and oversee safekeeping.
  6. Accurate Accounting. The Trustee must never mix (“commingle”) trust assets with personal assets, and must keep an accurate financial record (“accounting”) of trust assets.
  7. Keep Beneficiaries Informed. The Trustee must keep the beneficiaries of the trust reasonably informed of the progress of the administration of a trust.