When it comes to selecting trustees, families often choose family members to serve in this role. However, if you agree to serve as a trustee, you become a “fiduciary” who must understand all of your fiduciary duties and perform them all. This is vital because even if you do not understand your duties, you can still be held liable for violating them.
Trustee and Beneficiary Duties
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To effectively serve as a trustee, it's crucial to understand your fiduciary duties. Even trustees with the best of intentions can create liability for themselves by being unprepared for the job or by not fully understanding their obligations. Learn more about some of the common mistakes family trustees make that can lead to lawsuits and other costly consequences.
Your fellow FOX members have contributed these death and estate settlement tools and samples. Please note that these samples have been provided for illustrative purposes only, and may not represent the latest versions.
Your fellow FOX members have contributed these trust administration tools and samples. Please note that these samples have been provided for illustrative purposes only, and may not represent the latest versions.
Estate planning is often part of a divorce settlement, and negotiation of these terms can be as integral to the divorce settlement as allocation of parental responsibilities, support issues, or division of marital estate. For example, even a relatively simple Marital Settlement Agreement may generally contain waivers of an ex-spouse’s right to make claims to the other party’s estate upon death, including rights to property and to act as a trustee or executor of the estate.