IDENTIFYING LANDMINES AND MINIMIZING BATTLE SCARS IN CONFLICTS BETWEEN TRUSTEES AND BENEFICIARIES
The roles of beneficiary and Trustee by their nature engender tension. The Trustee has the beneficiary’s money (at least that’s how the beneficiary views it), and the beneficiary wants it now! This inherent conflict has been accentuated by seemingly ever-increasing expectations and demands of beneficiaries and expanding theories of fiduciary liability. Some of the most critical issues we face in this ubiquitous area of fiduciary practice include the following:
- Preserving the attorney-client privilege between the Trustee and the Trustee’s lawyer
- Trends in fiduciary liability case law
- Removal or resignation of a Trustee
- Heightened standards of performance for professional fiduciaries
Charles A. Redd
Charles A. ("Clary") Redd is a partner in the St. Louis office of Stinson Leonard Street LLP. Clary concentrates his practice in estate planning, estate and trust administration and estate and trust-related litigation. He is an elected member of The American Law Institute, a Fellow of The American College of Trust and Estate Counsel and an Adjunct Professor of Law at Northwestern University School of Law. He also serves as Co-Chair of the Editorial Advisory Board of, and writes a regular column in, Trusts & Estates magazine. He is listed in The Best Lawyers in America and is nationally ranked by Chambers USA in its “Wealth Management” category.
M. Patricia Culler
M. Patricia Culler is a partner at Hahn Loeser and focuses her practice on wealth transfer and business succession planning, wills, trusts and estates, and tax. She has extensive experience in sophisticated estate planning, charitable gift planning, prenuptial agreements, estate settlement, trust administration and fiduciary litigation. She also works with clients on tax matters relating to trusts and estates, including income, gift, estate and generation-skipping taxes.