Chapter 20 Trust Administration Trustee - Powers Duties & Liability

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

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

Trustee Powers $Sources of Powers $Delegation of Powers

Trustee Powers $Sources of Powers $Delegation of Powers

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

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

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

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

Accountings

Compensation

Trust Modifications $By Court $By Parties

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

Reformation

Conclusion