Trustee breach of fiduciary duty

Asked over 1 year ago - Stanley, WI

Is it a breach of fiduciary duty if a trustee fails to exercise his discretionary power?

Is it a breach of fiduciary duty if a trustee willfully neglects the beneficiary?

Is it a breach of fiduciary duty if a trustee intentionally refuses to adhere to the objective, standard or intention of the trust set forth by the settlor?

Is it a breach of fiduciary duty if a trustee intentionally refuses to disperse trust funds which prevents the objective, standard, or intention from being met?

Does a trustee have the duty to inform the attorney who drafted the trust of any errors with the document?

Attorney answers (2)

  1. Mark A. Jinkins

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Trustees have duties as you recognize. One question is "what remedy do you seek?". For example are you trying to get some disbursement, or are you trying to remove the trustee, or what are your desired objectives?

    Then, based on your objectives, the question that you need to consult with specifc legal counsel about (including giving that attorney time to review the trust, along with the facts and circumstances that are involved) to determine the appropriate course of action and potential or likely results.

    Your facts/circumstances appear complicated, and with some history, so consulting based on all of those is absolutely required in my oinion.

    But ultimately if you are being harmed you have a right to review by a court, and redress based on the facts and circumstances.

  2. James P. Frederick

    Contributor Level 20

    2

    Lawyers agree

    Answered . This is a follow up to your post from yesterday. The answer to your questions is maybe. Yes, if you can prove that the trustee HAD the various duties and failed to perform them. Yes, if you can prove that this was intentional. No, under other facts. Facts are extremely important. Cases turn on facts. Facts that would be actionable are not provided in your summary. There is also no way to set forth all of the facts in this forum. Avvo is for people with basic questions. Your question is complex and has lots of moving parts. Without knowing the context and the facts, it is not possible to give you any kind of answers.

    You should visit with an attorney and share all of the facts of your situation, along with a copy of the trust.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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