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Knowledgeable trustees understand their roles, responsibilities and potential for personal liability and realize it can be a thankless job. The trustee who doesn’t understand her roles and responsibilities and doesn’t appreciate the diligence that comes with the job is at risk to make mistakes.
The trustee’s function is to make investment, administration, reporting and distribution decisions in accordance with the grantor’s wishes and trust documents. On the face of it, these responsibilities seem straightforward. But, once the trustee realizes that her decisions can conflict with the grantor’s desires, beneficiary needs and trust document, the job can become overwhelming.
Personal liability arises out of the breach of these fiduciary duti...
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