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2024 Teleconference & Archive Bundle: Repair or Replace? The Deficient Trustee

Unfortunately, some trusts, even where the administrative and dispositive provisions are well-designed, fail to operate as intended because the Trustee lacks the ability to be an effective fiduciary. The Trustee's problems may result from his or her having insufficient trust administration expertise and/or a confrontational attitude towards one or more of the beneficiaries. Depending on the nature and extent of the Trustee’s shortcomings, resolving the situation may prove difficult. Considerations to be discussed in this teleconference include:

  • Determining whether one or more breaches of fiduciary duty have been committed
  • How to proceed if no actionable breach of duty has occurred
  • Possible options for improving quality of administration or relationship with beneficiaries
  • Removal and replacement of Trustee