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Holding Family Business Interests In TrustHolding Family Business Interests In Trust
Diversify, diversify, diversify. That's the mantra for trust investing under the Uniform Prudent Investor Act (UPIA), which has been adopted in some way, shape or form in virtually every state. It makes sense. Having all of your eggs in one basket can be dangerous. Look at Lehman Brothers and Enron. But what if the concentrated stock position in the trust is a controlling interest in a family business,
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David Thayne Leibell, Daniel L. Daniels & Paulina Mejia
Diversify, diversify, diversify. That's the mantra for trust investing under the Uniform Prudent Investor Act (UPIA), which has been adopted in some way, shape or form in virtually every state. It makes sense. Having all of your eggs in one basket can be dangerous. Look at Lehman Brothers and Enron. But what if the concentrated stock position in the trust is a controlling interest in a family business, and the trust's primary purpose is to perpetuate family control? In this situation, the trust's purpose would seem to override the duty to diversify. But does it? Without proper planning, the answer is unclear. But, by following certain best practices in the establishment and managemen...
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