Philadelphia, PA asked in Estate Planning, Elder Law and Probate for Pennsylvania

Q: What are the determining factors as to whether or not a trustee has actually acted in the beneficiary best interest?

Are there any rules governing what a Trustee must do to ensure they know what IS & IS NOT in the beneficiaries best interest and act accordingly?

1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN

A: Entire books have been written on this subject, and this has been the subject of numerous lawsuits across the country. There is no simple one-size-fits-all answer, I am sorry to say. If you have a particular action in mind and would like legal advice regarding that, you should consult with an attorney with trust litigation experience in your state. Another option is to resign as trustee and allow a professional trustee to serve (or be appointed) instead. It is more expensive, but it gets you out of the hot seat and puts someone in charge who might (should) have sufficient net worth and errors & omissions insurance to cover any claims for malfeasance.

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