Trustee Duties Continued: Preservation and Productivity

Last newsletter I covered the duty of a trustee to comply with the terms of the trust instruments. This time I will address the duty to control the trust property as well as make the property productive. This means that the trustee has a legal obligation to ensure that the trust not only maintains value but also increases in value as appropriate within the terms set out by the trust instruments.

Communication is Key

Estate planning does not begin and end with drawing up a will or trust. It encompasses the entire process of communicating to your loved ones how you would like to leave your affairs. Unfortunately, it is all too common for a family to become bitterly divided after a death. Survivors file lawsuits and engage in nasty behavior rather than celebrate the life of the deceased. Proper communication during the estate planning process can help avoid these problems. However, because this can be an emotional time people are often reluctant to have these conversations.