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Chapter 20 Trust Administration Trustee - Powers Duties & Liability.

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Presentation on theme: "Chapter 20 Trust Administration Trustee - Powers Duties & Liability."— Presentation transcript:

1 Chapter 20 Trust Administration Trustee - Powers Duties & Liability

2 Overview of Trust Administration $Accept Trusteeship $Post Bond $Register Trust $Possess and Safeguard Trust Property $Identify and Locate Beneficiaries $Follow Settlor’s Instructions $Act as Fiduciary $Support and Defend Trust

3 Trust Investments & Standard of Care $Selection of Investments $Duty to Diversify $Exculpatory Clauses $Directory Provision $Duty to Review Investments

4 Trustee Powers $Sources of Powers $Delegation of Powers

5 Trustee Powers $Sources of Powers $Delegation of Powers

6 Trust Distributions $Standard of Care $Competent Adult Beneficiary $Minor or Incapacitated Beneficiary

7 Duty of Loyalty $Buying and Selling Trust Property $Borrowing Trust Property $Purchase of Common Investments $Transfers Between Trusts $Dealings with Beneficiaries $Self-Employment $Ramifications of Breach of Loyalty Duties $Permitted Self-Dealing $Loyalty and Investment Duties Compared

8 Liability of Trustee to Third Parties $Contract Liability $Tort Liability $Liability as Property Owner

9 Allocation of Receipts & Expenses $General Allocation Rules $Corporate Distributions $Wasting Assets $Business and Farming Operations $Bond Premiums and Discounts $Underproductive Property $Rights of Income Beneficiaries $Apportionment of Income Among Beneficiaries $Allocation of Expenses $Unitrust Approach

10 Accountings

11 Compensation

12 Trust Modifications $By Court $By Parties

13 Trust Termination $Express Terms of Trust $Revocation by Settlor $Termination by Beneficiaries $Merger $Lack of Property $Uneconomic to Continue Trust $Court Order $Duties of Trustee upon Termination

14 Reformation

15 Conclusion

16


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