Trustees: How Not to Get Sued

Lawsuits against trustees are on the rise.  That is the conclusion to be drawn from the following statistic, as reported in the on-line article entitled How Not to Get Sued:

[L]awsuits and arbitration cases concerning breach of fiduciary duties are increasing at a compound annual rate of 22 percent, according to an analysis of NASD figures by the Center for Fiduciary Studies, of Sewickley, Pa.

The linked-to article goes on to address key strategies for avoiding trustee lawsuits, which are encapsulated in the following 4 bullet points:

  • Know the client's risk tolerance
  • Serve the client's needs
  • Keep careful records
  • Be particularly careful to document anything unusual

The Society of Fiduciary Advisors has also published its BEST PRACTICES FOR INDIVIDUAL INVESTORS, which provides excellent risk-management guidance for trustee/investment advisors.

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Comments (1) Read through and enter the discussion with the form at the end
Robinhood & Associates - September 2, 2006 9:22 AM

RE: Notary Publics in the US

...have No Legal Authority to "AuthenticateAny Documents" they only can verify the persons' signature, that is scribed in their presence.

Most people, believe that a "True Copy" stamp of a Notary, makes the document "Real" but that is an illusion.

This is posted, as we are involved in a Probate Case in Florida, where the trustees attempted to mislead the Heirs of an Estate, with a "True Copy" stamp on a "Fake" phopto copy of a document.

Sincerely,

Peter Radonicich
Toronto, Canada

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