Trustee's Obligation to Inform Beneficiaries: Avoiding Breach of Fiduciary Duty Claims
Reconciling Discrepancies Between Trust Document and State Law, Navigating State Statutes and UTC Provisions
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will provide estate planning counsel and advisers with a thorough and practical guide to navigating trustees' duties to inform beneficiaries and report trust existence and performance. The panel will address the essential obligations that advisers to fiduciaries need to grasp and meet to avoid liability and defend against beneficiary claims.
- The trustee's duty to inform and the beneficiary's right to information
- At common law
- Under the Uniform Trust Code
- The trustee's duty to account and responding to requests for accountings
- Silent or quiet trusts
- Silencing a noisy trust
- Creating a silent trust from scratch
- Avoiding claims for breach of the fiduciary duty to inform
The panel will review these and other relevant issues:
- What disclosures are trustees almost always required to make to beneficiaries?
- What are the Uniform Trust Code provisions for required disclosures?
- What trust document provisions limiting a trustee's duty to disclose and report will be honored in most common law or non-UTC jurisdictions? Under the UTC?
- How can a trustee utilize voluntary disclosures for additional protection against breach of fiduciary duty claims for failure to report?
David Fowler Johnson
Managing Shareholder/Fort Worth Office
Mr. Johnson is widely recognized as one of the go-to fiduciary litigators in Texas. His practice focuses on trust,... | Read More
Mr. Johnson is widely recognized as one of the go-to fiduciary litigators in Texas. His practice focuses on trust, estate, and closely-held business disputes. A frequent writer and speaker, David is known around the state as a thought leader in the fiduciary area. Mr. Johnson’s experience in trust and estate disputes includes will contests, elder abuse, mental competency, undue influence, trust modification/reformation/clarification, breach of fiduciary duty and related claims. Additionally, he has a transactional practice for trust departments in providing legal opinions on the construction of trust documents, documenting release and consent agreements, resignations, successor appointments, modification of trusts, trust mergers, trust severances, etc.Close
Scott E. Rahn
Founder and Managing Partner
Mr. Rahn represents heirs, beneficiaries, trustees and executors. He utilizes his experience to develop and implement... | Read More
Mr. Rahn represents heirs, beneficiaries, trustees and executors. He utilizes his experience to develop and implement strategies that swiftly and cost-effectively address the financial issues, fiduciary duties and emotional complexities underlying trust contests, estates conflicts and probate litigation.Close