Directed trusts, largely unknown in the United States just a few decades ago, are becoming increasingly common. Many states have adopted statutes to establish a framework for the operation of directed trusts, and courts are sometimes called upon to resolve messy disputes among trust protectors, Trustees and beneficiaries. We will discuss the unique drafting challenges, liability risks and other issues that arise in connection with directed trusts, including:

• State Laws and Desirable Governing Instrument Provisions Regarding Directed Trusts
• Ways to Divide Duties and Responsibilities of Trust Administration Between Trustee and Trust Protector
• Nature of a Trust Protector and Whether a Trust Protector is or Should Be a Fiduciary
• Potential Liability of Directed Trustees and Trust Protectors

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