Fiduciaries and corporate trustees must frequently navigate conflicting interests and ethical issues. Trusts, themselves, may include complex provisions that are a challenge to administer. Constantly changing laws and regulations—especially tax laws—can have an impact on trust administration. Trustees also are frequently called upon to deal with sensitive family issues and divergent needs that relate to the administration of trust assets.
Lawrence Kamin represents financial institutions, trust companies, and individuals that provide fiduciary services in trust and estate administration matters. Working together, our litigation and estate planning attorneys advise corporate and individual trustees over a broad spectrum of matters, including:
Pre-engagement risk assessment
Negotiation of the terms of engagement
Advice on fiduciary responsibilities and legal compliance and risk management issues
Defending or pursuing claims relating to the formation documents or the competency, diminished capacity, or undue influence over the grantor of the trust
Petitions or declaratory judgment actions seeking court guidance of disputed instruments and interpretation of trust provisions
Defending claims for alleged breach of duty by the fiduciary, including claims to appoint a new trustee or for breach of conflict of interest, breach of fiduciary duty, loyalty, or competence
Defending claims for waste of assets, breach of the prudent investor rule, or over the suitability of investments
Pursuing claims for breaches of duty by a former trustee
Responding to demands for records or an accounting and disputes over adequacy of disclosure to trust beneficiaries
Defending challenges to the reasonableness of trustee expenditures and fees
Defending or pursuing litigation with third parties on behalf of the trust
Litigating claims for trust reformation or modification, including requests or challenges to modifications by mutual consent or by a court’s order
Professional fiduciaries have come to rely on Lawrence Kamin to steer them through difficult situations, in order to effectively execute a trust grantor’s intent, abide by state and federal statutes and regulations, and identify and minimize risk to the fiduciary. Our attorneys also appreciate that fiduciaries are entitled to fair compensation for their services, and work to protect fiduciaries and trust companies from meritless attack.
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