• What Is a Trustee's Fiduciary Duty? : Legal Advice

    Subscribe Now: http://www.youtube.com/subscription_center?add_user=Ehowfinance Watch More: http://www.youtube.com/Ehowfinance A trustee's fiduciary duty goes back to the common law that came over with the Mayflower. Find out about a trustee's fiduciary duty with help from a real estate expert in this free video clip. Expert: Steve Tracy Bio: Steve Tracy has been practicing law for 20 years, is licensed for law in 4 states, and is a Real Estate expert. Filmmaker: William Watters Series Description: The world of the law is a complicated one, which is why it's always important to both consult professionals and do as much research as possible if you have any questions. Get legal advice on a variety of topics with help from a real estate expert in this free video series.

    published: 03 Dec 2012
  • Smarter in :90 - Choosing a Fiduciary and Trustee

    The person who will administer your estate plan is a crucial decision. It's a large responsibility and can sometimes cause unnecessary tension in families. Learn how to pick a fiduciary and trustee who will help keep your family intact. Learn more at ubt.com/estate.

    published: 15 Oct 2014
  • Fiduciary Duties

    David teaches Nina about the two main fiduciary duties of directors or trustees of charitable organizations in New Hampshire

    published: 04 Sep 2009
  • BaskinFleece: Fiduciary Duty of a Trustee

    Jay Fleece of BaskinFleece, discusses the fiduciary duty of a Trustee and the pitfalls of being a Trustee if the inform and accounting duties are not properly reported. BaskinFleece: (727) 572.4545 BaskinFleece primarily deals with controversies involving estates, trusts, wills and guardianships. Issues dealing with the validity of wills and trusts, breach of fiduciary duty, lack of capacity, spousal rights, creditors' rights and anything related to wills, trusts and guardianships are routinely dealt with. The vast experience in dealing with and resolving these specific issues has given the firm a wealth of knowledge -- which other less involved firms may not have. It is that knowledge base that sets BaskinFleece apart from the other firms and attorneys practicing in this area of the la...

    published: 10 May 2012
  • Professional Fiduciary - Conservator - Trustee

    Who is the Conservatee?

    published: 08 Dec 2017
  • Professional Fiduciary - Conservator- Trustee

    What is a Trust?

    published: 08 Dec 2017
  • Professional Fiduciary - Conservator - Trustee

    What is a Conservator?

    published: 07 Dec 2017
  • The Fiduciary Responsibilities of an Emeritus Trustee

    Tom Hyatt, senior fellow at the Association of Governing Boards, explains the fiduciary obligations of non-voting, emeritus trustees.

    published: 06 Apr 2014
  • Profit & Loss, Accounting, Numbers and Financial Fraud; and Trustee/Fiduciary Cases

    published: 05 Jan 2014
  • Fiduciary Offering

    As a fiduciary, a trustee is held to the highest standard of care in caring for the assets entrusted to them and managing the trust in accordance with the purpose and intent of the person who created the trust.

    published: 20 Oct 2017
  • Professional Fiduciary - Conservator - Trustee

    What is an Estate?

    published: 08 Dec 2017
  • Professional Fiduciary -Conservator- trustee

    Getting started a. create a list of all assets

    published: 09 Dec 2017
  • Breach of Fiduciary Duties by a Florida Trustee

    A breach of the fiduciary duty by a Florida trustee is a very serious accusation. In Florida trust law, we call it a breach of trust. It’s the same thing. What it means is that a Florida trustee was not living up to its standard. Some important points about that; one, if you’re a Florida trustee, you may be breaching your fiduciary duties without even knowing it. That’s why we suggest that all Florida trustees retain an experienced Florida lawyer who handles trust litigation or trust law suits. It doesn’t matter who you get, as long as they’re experienced and they understand Florida trust law. Why? Because if you’re a Florida trustee and you’ve breached your fiduciary duty, you could be removed. You could also, personally, be responsible for paying damages. You could also, personally, be r...

    published: 05 Sep 2014
  • Professional Fiduciary - Conservator - Trustee

    What is a fiduciary?

    published: 07 Dec 2017
  • Your Trust Fiduciary/Trustee—-Friend or Foe??

    Mark Nacol discusses wills and trusts.

    published: 14 Jul 2009
  • Myth 5 - Fiduciary management requires MORE trustee time

    published: 29 Sep 2014
  • When Can A Beneficiary Compel An Accounting From An Executor, Trustee Or Administrator?

    Estate and trust accountings are tedious, time consuming and expensive. New Jersey law does not require that personal representatives (executors, trustees and powers of attorney) prepare a formal accounting as part of their fiduciary obligations to their principal. In this video Fredrick P. Niemann, Esq. of Hanlon Niemann explains the difference between a formal vs. informal accounting and when a fiduciary can and cannot be compelled to render a formal accounting. A must watch for executors, administrators, guardians, trustees and all personal representatives responsible for the financial affairs of an incapacitated person, or the probate of an estate under administration.

    published: 30 May 2014
  • What is Fiduciary Litigation? Answered as a Short Story

    In this 4-minute funny cartoon video, Gaslowitz Frankel LLC http://www.GaslowitzFrankel.com explains the meaning of the services it provides and how it is valuable to you. Read the full script below: Most of us own things like cars, houses, stock, as well as life insurance or retirement accounts. They are referred to as assets. When we pass away, these assets are known as our estate. Usually, people choose to leave their estate to family and friends. To identify who gets what, they write wills or create trusts. Whoever gets a share of an estate or trust is called a beneficiary. The person appointed to transfer an estate or trust to the beneficiaries is called an executor or a trustee. Meet Nancy Smith and her brothers, John and David. After their mom passed away, Nancy and John helped...

    published: 20 Jun 2014
  • How Receivership can Protect Values in Matters of Trust & Probate - Fiduciary Broker Vlog #6

    Hi, I’m Dan Collins – a California licensed real estate broker with expertise in real property matters in Probates and Trusts. I am also a California licensed general contractor and receivership expert.  To learn more about receiverships protecting values, please visit my website: probate-realtor.biz  I want to tell you about how receivers can be useful in difficult trust or probate cases.   Family relationships can sometimes create toxic environments, especially amongst siblings who are beneficiaries to a Trust or ProbateLet’s be truthful here; being asked to act as a Trustee or to administrator probate is a thankless duty that comes with real exposure to risk and liabilities.  In a family dynamic, it is usually the most responsible sibling who is appointed to act and administer a T...

    published: 12 Nov 2017
  • Agent for Fiduciary

    Agent for Fiduciary is when an individual who is either serving as a trustee of a trust or as an executor or personal representative of an estate engages a third party such as U.S. Trust to assist them with the asset management and administration of that trust or estate responsibility. Learn more: www.ustrust.com

    published: 27 Feb 2015
  • The Role of the Professional Fiduciary, 2016

    Michael Gray interviews Richard H. Lambie, professional fiduciary, about “The Role of the Professional Fiduciary" for Financial Insider Weekly. They talk about what professional fiduciaries do, and what you need to know if you plan to take on the challenge of becoming a trustee. http://www.financialinsiderweekly.com

    published: 14 Mar 2016
  • When Must the Trustee Provide an Accounting?

    Fundamental to trust law, a trustee is always under a duty to give information to a beneficiary. Most states have enacted statutes specifically dealing with this duty to account. In Florida Fla. Stat. 736.0813 provides that a trustee shall provide a trust accounting to the trust beneficiaries at least annually and on the termination of the trust. This accounting is the primary method a beneficiary can hold a trustee accountable. Without an accounting, a beneficiary is virtually powerless and at the mercy of the trustee. Many have asked the question -- exactly when is the accounting due? While none of the trust statutes specify a specific time frame when the accounting is due once a year has elapsed, common sense would suggest that a trustee has a reasonable amount of time to provide...

    published: 26 Aug 2014
  • Fiduciary Duties of a Co-Trustee

    The fiduciary duties of a Florida co-trustee are the same duties as a regular Florida trustee, but there are a few things that you need to be aware about. First of all, you should understand that you can’t put your head in the sand like an ostrich, you need to know what your co-trustee is doing, you have to evaluate the co-trustee and if they are doing something wrong, you have an obligation to either express your dissent in writing, sue that co-trustee if something is egregious, or tell your trust beneficiaries. You can’t stand silent if you see your co-trustees doing something wrong. You also have a responsibility to act in good faith and co-operate with your co-trustee. Now, if your co-trustee with your step-mum, in-law, an outlaw, a misfit, or a mistress, and you don’t get along with t...

    published: 05 Sep 2014
  • How Do I Remove a Trustee?

    How do you remove a trustee in a Florida trust lawsuit? If you are the beneficiary of a Florida trust and you don’t like your Florida trustee, you can remove the trustee by filing a trust action. Why? Because that’s what the Florida trust code says. That governs beneficiary rights to Florida trusts. You actually have to file a lawsuit. You go down to the clerk’s office, you pay the filing fee, you bring a lawsuit, but here are some important points about removing a Florida trustee, you have to demonstrate that the Florida trustee is either unfit or intervening in the efficient administration of the trust, they are doing something wrong. One of the biggest misperceptions or misconceptions by trust beneficiaries regarding Florida trustees is they think they can remove a Florida trustee just ...

    published: 05 Sep 2014
developed with YouTube
What Is a Trustee's Fiduciary Duty? : Legal Advice

What Is a Trustee's Fiduciary Duty? : Legal Advice

  • Order:
  • Duration: 2:55
  • Updated: 03 Dec 2012
  • views: 4089
videos
Subscribe Now: http://www.youtube.com/subscription_center?add_user=Ehowfinance Watch More: http://www.youtube.com/Ehowfinance A trustee's fiduciary duty goes back to the common law that came over with the Mayflower. Find out about a trustee's fiduciary duty with help from a real estate expert in this free video clip. Expert: Steve Tracy Bio: Steve Tracy has been practicing law for 20 years, is licensed for law in 4 states, and is a Real Estate expert. Filmmaker: William Watters Series Description: The world of the law is a complicated one, which is why it's always important to both consult professionals and do as much research as possible if you have any questions. Get legal advice on a variety of topics with help from a real estate expert in this free video series.
https://wn.com/What_Is_A_Trustee's_Fiduciary_Duty_Legal_Advice
Smarter in :90 - Choosing a Fiduciary and Trustee

Smarter in :90 - Choosing a Fiduciary and Trustee

  • Order:
  • Duration: 2:53
  • Updated: 15 Oct 2014
  • views: 304
videos
The person who will administer your estate plan is a crucial decision. It's a large responsibility and can sometimes cause unnecessary tension in families. Learn how to pick a fiduciary and trustee who will help keep your family intact. Learn more at ubt.com/estate.
https://wn.com/Smarter_In_90_Choosing_A_Fiduciary_And_Trustee
Fiduciary Duties

Fiduciary Duties

  • Order:
  • Duration: 8:28
  • Updated: 04 Sep 2009
  • views: 8472
videos
David teaches Nina about the two main fiduciary duties of directors or trustees of charitable organizations in New Hampshire
https://wn.com/Fiduciary_Duties
BaskinFleece: Fiduciary Duty of a Trustee

BaskinFleece: Fiduciary Duty of a Trustee

  • Order:
  • Duration: 2:52
  • Updated: 10 May 2012
  • views: 770
videos
Jay Fleece of BaskinFleece, discusses the fiduciary duty of a Trustee and the pitfalls of being a Trustee if the inform and accounting duties are not properly reported. BaskinFleece: (727) 572.4545 BaskinFleece primarily deals with controversies involving estates, trusts, wills and guardianships. Issues dealing with the validity of wills and trusts, breach of fiduciary duty, lack of capacity, spousal rights, creditors' rights and anything related to wills, trusts and guardianships are routinely dealt with. The vast experience in dealing with and resolving these specific issues has given the firm a wealth of knowledge -- which other less involved firms may not have. It is that knowledge base that sets BaskinFleece apart from the other firms and attorneys practicing in this area of the law. BaskinFleece is a law firm centrally located in mid-Pinellas County, just minutes from the courthouses in St. Petersburg, Clearwater and Tampa. The firm's geographic practice however, encompasses all of the west coast of Florida and if necessary anywhere in the United States. BaskinFleece handles cases from the pre-suit stages including mediation all the way through trial, both jury and non-jury and even at the appellate level, if necessary. The main focus of the firm in dealing with all controversies is the client. Cost, emotional impact and timeliness are all important to the client and the firm strives for an end result which leaves the client feeling that justice was accomplished.
https://wn.com/Baskinfleece_Fiduciary_Duty_Of_A_Trustee
Professional Fiduciary - Conservator - Trustee

Professional Fiduciary - Conservator - Trustee

  • Order:
  • Duration: 13:40
  • Updated: 08 Dec 2017
  • views: 9
videos
Who is the Conservatee?
https://wn.com/Professional_Fiduciary_Conservator_Trustee
Professional Fiduciary - Conservator- Trustee

Professional Fiduciary - Conservator- Trustee

  • Order:
  • Duration: 15:52
  • Updated: 08 Dec 2017
  • views: 21
videos https://wn.com/Professional_Fiduciary_Conservator_Trustee
Professional Fiduciary - Conservator - Trustee

Professional Fiduciary - Conservator - Trustee

  • Order:
  • Duration: 10:59
  • Updated: 07 Dec 2017
  • views: 13
videos https://wn.com/Professional_Fiduciary_Conservator_Trustee
The Fiduciary Responsibilities of an Emeritus Trustee

The Fiduciary Responsibilities of an Emeritus Trustee

  • Order:
  • Duration: 1:19
  • Updated: 06 Apr 2014
  • views: 146
videos
Tom Hyatt, senior fellow at the Association of Governing Boards, explains the fiduciary obligations of non-voting, emeritus trustees.
https://wn.com/The_Fiduciary_Responsibilities_Of_An_Emeritus_Trustee
Profit & Loss, Accounting, Numbers and Financial Fraud; and Trustee/Fiduciary Cases

Profit & Loss, Accounting, Numbers and Financial Fraud; and Trustee/Fiduciary Cases

  • Order:
  • Duration: 1:46
  • Updated: 05 Jan 2014
  • views: 113
videos
https://wn.com/Profit_Loss,_Accounting,_Numbers_And_Financial_Fraud_And_Trustee_Fiduciary_Cases
Fiduciary Offering

Fiduciary Offering

  • Order:
  • Duration: 1:51
  • Updated: 20 Oct 2017
  • views: 127
videos
As a fiduciary, a trustee is held to the highest standard of care in caring for the assets entrusted to them and managing the trust in accordance with the purpose and intent of the person who created the trust.
https://wn.com/Fiduciary_Offering
Professional Fiduciary - Conservator - Trustee

Professional Fiduciary - Conservator - Trustee

  • Order:
  • Duration: 6:59
  • Updated: 08 Dec 2017
  • views: 14
videos https://wn.com/Professional_Fiduciary_Conservator_Trustee
Professional Fiduciary -Conservator- trustee

Professional Fiduciary -Conservator- trustee

  • Order:
  • Duration: 9:09
  • Updated: 09 Dec 2017
  • views: 20
videos
Getting started a. create a list of all assets
https://wn.com/Professional_Fiduciary_Conservator_Trustee
Breach of Fiduciary Duties by a Florida Trustee

Breach of Fiduciary Duties by a Florida Trustee

  • Order:
  • Duration: 0:54
  • Updated: 05 Sep 2014
  • views: 313
videos
A breach of the fiduciary duty by a Florida trustee is a very serious accusation. In Florida trust law, we call it a breach of trust. It’s the same thing. What it means is that a Florida trustee was not living up to its standard. Some important points about that; one, if you’re a Florida trustee, you may be breaching your fiduciary duties without even knowing it. That’s why we suggest that all Florida trustees retain an experienced Florida lawyer who handles trust litigation or trust law suits. It doesn’t matter who you get, as long as they’re experienced and they understand Florida trust law. Why? Because if you’re a Florida trustee and you’ve breached your fiduciary duty, you could be removed. You could also, personally, be responsible for paying damages. You could also, personally, be responsible for paying your attorney’s fees and also the attorney’s fees from the other side.
https://wn.com/Breach_Of_Fiduciary_Duties_By_A_Florida_Trustee
Professional Fiduciary - Conservator - Trustee

Professional Fiduciary - Conservator - Trustee

  • Order:
  • Duration: 11:37
  • Updated: 07 Dec 2017
  • views: 13
videos
What is a fiduciary?
https://wn.com/Professional_Fiduciary_Conservator_Trustee
Your Trust Fiduciary/Trustee—-Friend or Foe??

Your Trust Fiduciary/Trustee—-Friend or Foe??

  • Order:
  • Duration: 4:55
  • Updated: 14 Jul 2009
  • views: 334
videos
Mark Nacol discusses wills and trusts.
https://wn.com/Your_Trust_Fiduciary_Trustee—_Friend_Or_Foe
Myth 5 - Fiduciary management requires MORE trustee time

Myth 5 - Fiduciary management requires MORE trustee time

  • Order:
  • Duration: 2:07
  • Updated: 29 Sep 2014
  • views: 23
videos
https://wn.com/Myth_5_Fiduciary_Management_Requires_More_Trustee_Time
When Can A Beneficiary Compel An Accounting From An Executor, Trustee Or Administrator?

When Can A Beneficiary Compel An Accounting From An Executor, Trustee Or Administrator?

  • Order:
  • Duration: 3:19
  • Updated: 30 May 2014
  • views: 4312
videos
Estate and trust accountings are tedious, time consuming and expensive. New Jersey law does not require that personal representatives (executors, trustees and powers of attorney) prepare a formal accounting as part of their fiduciary obligations to their principal. In this video Fredrick P. Niemann, Esq. of Hanlon Niemann explains the difference between a formal vs. informal accounting and when a fiduciary can and cannot be compelled to render a formal accounting. A must watch for executors, administrators, guardians, trustees and all personal representatives responsible for the financial affairs of an incapacitated person, or the probate of an estate under administration.
https://wn.com/When_Can_A_Beneficiary_Compel_An_Accounting_From_An_Executor,_Trustee_Or_Administrator
What is Fiduciary Litigation? Answered as a Short Story

What is Fiduciary Litigation? Answered as a Short Story

  • Order:
  • Duration: 3:59
  • Updated: 20 Jun 2014
  • views: 5544
videos
In this 4-minute funny cartoon video, Gaslowitz Frankel LLC http://www.GaslowitzFrankel.com explains the meaning of the services it provides and how it is valuable to you. Read the full script below: Most of us own things like cars, houses, stock, as well as life insurance or retirement accounts. They are referred to as assets. When we pass away, these assets are known as our estate. Usually, people choose to leave their estate to family and friends. To identify who gets what, they write wills or create trusts. Whoever gets a share of an estate or trust is called a beneficiary. The person appointed to transfer an estate or trust to the beneficiaries is called an executor or a trustee. Meet Nancy Smith and her brothers, John and David. After their mom passed away, Nancy and John helped take care of their elderly father as much as they could. They both lived out of town and had families and full-time jobs. David was single and lived close to their Dad. He did not have a stable job, so Dad helped support him and pay his bills. With age, Dad's memory got worse and he began to rely on David more and more. Eventually, David got their father to sign a power of attorney, which enabled him to authorize Dad's checks and even transfer some of his assets. After Dad died, it turned out that David was named the Executor of the will, so he was responsible for collecting all of Dad's property and distributing his estate to all the beneficiaries. When Nancy and John asked David what was in the estate, he just ignored them. Eventually, David became impossible to communicate with. Though the will appeared to leave the estate to the three of them equally, David said there were almost no assets left at the time of Dad's death. Now, Nancy and John were not only grieving the loss of their father -- they were also alarmed by their brother's secretive behavior. After talking to a friend, Nancy discovered that there was a litigation law firm called Gaslowitz Frankel LLC that specialized in helping people protect their inheritance rights. John's company lawyer mentioned the same law firm as being one of the country's best at solving estate and trust litigation problems. A quick Internet search revealed that Gaslowitz Frankel LLC was selected a Best Law Firm in Georgia in Trust and Estate Litigation, and Adam Gaslowitz and Craig Frankel have been widely recognized by their peers and the media as leaders in trust and estate litigation. Adam Gaslowitz also was listed in the Guide to the World's Leading Trust and Estate Litigators. For over 25 years attorneys at Gaslowitz Frankel LLC have specialized in a very unique area of law -- fiduciary litigation: will, estate, and trust disputes. Nancy and John realized that to have the law work for them, they needed a lawyer who specialized in fiduciary litigation. They called Gaslowitz Frankel LLC and shared their problem with an attorney who listened and understood. They learned that David had a fiduciary duty, a legal responsibility, to them, and that there were laws to protect their inheritance rights. Hiring Gaslowitz Frankel LLC gave them peace of mind and confidence that the best attorneys were protecting their rights. David was forced to account for all of the assets in Dad's estate, though he had already spent some of them. He was also removed as Executor to prevent further losses, and remaining assets were distributed appropriately. While happy with the outcome, Nancy and John regretted not hiring Gaslowitz Frankel LLC sooner, before David had the chance to take advantage of their father. If you ever have a dispute over a will or trust, either as an executor, trustee, or beneficiary, become involved in a contested guardianship or conservatorship, discover an abuse of a power of attorney, or face a business or financial dispute among partners, shareholders, or investors, call Gaslowitz Frankel LLC at 404-892-9797. The sooner you act, the better! For more information visit: www.GaslowitzFrankel.com twitter.com/EstateDispute facebook.com/EstateDispute
https://wn.com/What_Is_Fiduciary_Litigation_Answered_As_A_Short_Story
How Receivership can Protect Values in Matters of Trust & Probate - Fiduciary Broker Vlog #6

How Receivership can Protect Values in Matters of Trust & Probate - Fiduciary Broker Vlog #6

  • Order:
  • Duration: 3:50
  • Updated: 12 Nov 2017
  • views: 5
videos
Hi, I’m Dan Collins – a California licensed real estate broker with expertise in real property matters in Probates and Trusts. I am also a California licensed general contractor and receivership expert.  To learn more about receiverships protecting values, please visit my website: probate-realtor.biz  I want to tell you about how receivers can be useful in difficult trust or probate cases.   Family relationships can sometimes create toxic environments, especially amongst siblings who are beneficiaries to a Trust or ProbateLet’s be truthful here; being asked to act as a Trustee or to administrator probate is a thankless duty that comes with real exposure to risk and liabilities.  In a family dynamic, it is usually the most responsible sibling who is appointed to act and administer a Trust or Probate after a loved one has died.  Usually the person who has stepped up to act as the Probate administrator or, a Trustee, has a family and a job with a full life and not enough hours in a day or week to accomplish everything they need and want in their life. Add to that life situation the burden of being an executor of an estate and you have a recipe for a lot additional stress.  Attorney Mike Hackard of Hackard Law and I have seen these dynamics countless times; stress can cause people to act in ways that are not becoming. In some people, stress can cause a person to become aggressive or emotionally unstable, which can lead to poor decision making.  Beneficiaries do not have a position of strength or leverage when that occurs with the person who is responsible to protect assets for their benefit.  Sometimes they feel they need to seek legal counsel if they suspect the Trustee or Executor is not acting in accordance to trust and, or, the last will and testament of a decedent, especially where legacy assets are involved, such as a business or income property.  When an Estate Executor is acting in ways that obviously are counter-productive to properly run a business or manage an income property, quick action is necessary to protect the legacy asset.   Appointment of a Receiver is an effective and powerful tool to employ in those situations. A Receiver has fiduciary duty to all parties, not just one side. There is no more equitable action than to seek the appointment of a qualified receiver to protect legacy assets.  The Receiver can step in quickly upon the court granting the appointment, assess the operations and make certain the business or the income property is adequately protected with insurance, licensing if necessary, and to create a temporary estate with all the powers of possession to provide an orderly takeover and protect all parties as well as the legacy asset.  The Estate Executor can also benefit from the appointment of a Receiver because it mitigates their exposure to liability if they have deliberately or, inadvertently taken action that if left uncorrected, may result in negative consequences -- such as a monetary judgement if they were not removed from a role which they were not qualified to manage, but were placed in because the decedent named them as the Estate Executor.  I’m Dan Collins, a California licensed real estate broker, general contractor and receivership expert.  To learn more, please visit my website: probate-realtor.biz
https://wn.com/How_Receivership_Can_Protect_Values_In_Matters_Of_Trust_Probate_Fiduciary_Broker_Vlog_6
Agent for Fiduciary

Agent for Fiduciary

  • Order:
  • Duration: 3:46
  • Updated: 27 Feb 2015
  • views: 569
videos
Agent for Fiduciary is when an individual who is either serving as a trustee of a trust or as an executor or personal representative of an estate engages a third party such as U.S. Trust to assist them with the asset management and administration of that trust or estate responsibility. Learn more: www.ustrust.com
https://wn.com/Agent_For_Fiduciary
The Role of the Professional Fiduciary, 2016

The Role of the Professional Fiduciary, 2016

  • Order:
  • Duration: 27:13
  • Updated: 14 Mar 2016
  • views: 209
videos
Michael Gray interviews Richard H. Lambie, professional fiduciary, about “The Role of the Professional Fiduciary" for Financial Insider Weekly. They talk about what professional fiduciaries do, and what you need to know if you plan to take on the challenge of becoming a trustee. http://www.financialinsiderweekly.com
https://wn.com/The_Role_Of_The_Professional_Fiduciary,_2016
When Must the Trustee Provide an Accounting?

When Must the Trustee Provide an Accounting?

  • Order:
  • Duration: 3:01
  • Updated: 26 Aug 2014
  • views: 2135
videos
Fundamental to trust law, a trustee is always under a duty to give information to a beneficiary. Most states have enacted statutes specifically dealing with this duty to account. In Florida Fla. Stat. 736.0813 provides that a trustee shall provide a trust accounting to the trust beneficiaries at least annually and on the termination of the trust. This accounting is the primary method a beneficiary can hold a trustee accountable. Without an accounting, a beneficiary is virtually powerless and at the mercy of the trustee. Many have asked the question -- exactly when is the accounting due? While none of the trust statutes specify a specific time frame when the accounting is due once a year has elapsed, common sense would suggest that a trustee has a reasonable amount of time to provide the accounting. What is a reasonable amount of time? In my opinion a reasonable amount of time would approximately 60 days from the close of the accounting period. This provides the trustee sufficient time to gather up the final month’s information and assemble the actual trust accounting. What if the trustee does not provide the trust accounting? I would suggest that you write to the trustee shortly after the accounting period is up to request an accounting. If the trustee fails or refuses to provide an accounting, you may be justified in arguing that the trustee has committed a breach of fiduciary duty and even a fraud and should at the very least, be removed for intentionally refusing to provide the accounting. If the accounting is not forthcoming a beneficiary can compel the accounting by filing a law suit for an accounting. I strongly urge trust beneficiaries to be vigilant in monitoring the trustee and making sure a timely accounting is provided. For more information about trusts, please contact BaskinFleece at 727.572.4545.
https://wn.com/When_Must_The_Trustee_Provide_An_Accounting
Fiduciary Duties of a Co-Trustee

Fiduciary Duties of a Co-Trustee

  • Order:
  • Duration: 0:57
  • Updated: 05 Sep 2014
  • views: 225
videos
The fiduciary duties of a Florida co-trustee are the same duties as a regular Florida trustee, but there are a few things that you need to be aware about. First of all, you should understand that you can’t put your head in the sand like an ostrich, you need to know what your co-trustee is doing, you have to evaluate the co-trustee and if they are doing something wrong, you have an obligation to either express your dissent in writing, sue that co-trustee if something is egregious, or tell your trust beneficiaries. You can’t stand silent if you see your co-trustees doing something wrong. You also have a responsibility to act in good faith and co-operate with your co-trustee. Now, if your co-trustee with your step-mum, in-law, an outlaw, a misfit, or a mistress, and you don’t get along with them, you are going to have to take some action. That may mean resigning or it may mean going to a probate court to resolve this difference between you two.
https://wn.com/Fiduciary_Duties_Of_A_Co_Trustee
How Do I Remove a Trustee?

How Do I Remove a Trustee?

  • Order:
  • Duration: 1:25
  • Updated: 05 Sep 2014
  • views: 884
videos
How do you remove a trustee in a Florida trust lawsuit? If you are the beneficiary of a Florida trust and you don’t like your Florida trustee, you can remove the trustee by filing a trust action. Why? Because that’s what the Florida trust code says. That governs beneficiary rights to Florida trusts. You actually have to file a lawsuit. You go down to the clerk’s office, you pay the filing fee, you bring a lawsuit, but here are some important points about removing a Florida trustee, you have to demonstrate that the Florida trustee is either unfit or intervening in the efficient administration of the trust, they are doing something wrong. One of the biggest misperceptions or misconceptions by trust beneficiaries regarding Florida trustees is they think they can remove a Florida trustee just because they don’t like that Florida trustee. Uh-uh. That is not going to happen under Florida trust law. You, the trust beneficiary, to remove a Florida trustee, have to demonstrate, not with argument, not with an assumption, but with clear evidence and facts that the Florida trustee is in some way breaching their fiduciary duty, is unfit to serve, has a conflict of interest, is engaging in self-conflicted actions, improper action or transfers or excessive fees or costs, something. Conjecture won’t carry the day, just because you don’t like your trustee is not a winning case.
https://wn.com/How_Do_I_Remove_A_Trustee
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