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How does the Prudent Investor Rule Judge My West Palm Beach Trustee’s Investments?

Uncategorized Dec 22, 2015
post about How does the Prudent Investor Rule Judge My West Palm Beach Trustee’s Investments?

Are you currently serving as the trustee in Boynton Beach?  Florida trust lawyers know that your investments will be judged according to the prudent investor rule. How can you be sure that your investment decisions will not lead to Florida probate litigation? Check out this recent case out of Michigan to learn how to avoid trustee centered lawsuits in West Palm Beach. 

Prudent Investor Rule

  • Estate lawyers in Florida know that a trustee’s actions are judged according to theprudent investor rule. 
  • The rule is pretty simple, the probate litigation attorneys and judges that review your decisions will ask if this was something a prudent investor would do.
  • Florida probate lawyers know this is a judgment based on your actions not their results.
  • What does that even mean?
  • You will not be judged by whether investing in oil was a good idea the question is would a prudent investor have considered it wise.
  • Florida estate lawyers can sue you for breach of a fiduciary duty if  you are makingimprudent investments. 
  • Probate attorneys Florida know that there are many defenses to bad investments such as reliance on experts like accountants.
  • Florida estate attorneys have to review all of the investments under this guise if they plan on filing a probate lawsuit in West Palm Beach.
  • Want to see other ways a trustee may be liable for poor handling of a trust?
  • Check out this recent case out of Michigan.

In re Robert Stout Revocable Trust

  • This was a case that had gotten to the Michigan Court of Appeals before.
  • When a trust is hot and ready for litigation often times it does not only boil over just once.
  • In this case the trustee made several questionable actions.
  • For example prior to giving any distributions the trustee had the beneficiaries sign releases.
  • Releases for what?
  • Releasing him from any liability from mishandling of the trust funds!
  • Is that allowed in West Palm Beach?
  • Talk to an experienced Palm Beach probate litigator if the trustee is making you sign things to get paid.
  • This is especially true when you do not get annual or monthly accounting for the trust.

Want to learn more?

Check out the entire case by clicking here.

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