Surcharge litigation plays a prominent role in this issue’s round-up of fiduciary cases, including those that illustrate the risks of discretionary distributions and delays in distributing assets.   Trust terms can’t eliminate duty to act in good faith—In Martin v. Martin, 2012 Tex. App. LEXIS 2146 (Tex. App. 2012), the Texas Court of Appeals applied the well-established principle that trust terms can’t eliminate the duty of a trustee to act ...

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