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Brown Borkowski & Morrow
  • Home
  • Firm Overview
    • Why Hire Us?
  • Our Team
    • Attorneys
      • Susan Leigh Brown
      • Thomas J. Borkowski, Jr.
      • Matthew N. Morrow
      • Mary A. Mahoney
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      • Sarah Nasser
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  • Practice Areas
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Mistakes trust fiduciaries should avoid

On Behalf of Brown Borkowski & Morrow | Jun 27, 2023 | Estate Planning |

Trust fiduciaries manage and administer trusts on behalf of other people. To serve well as a trust fiduciary, it is essential to balance the financial interests of the trust with the wishes of the trust’s beneficiaries. Furthermore, there are regulations to which all fiduciaries must adhere.

A trust fiduciary should be aware of the common mistakes encountered when overseeing a trust.

Not prioritizing the trust’s interests

It is crucial that a trust fiduciary strive to remain neutral and not let personal preferences interfere with the administration of the trust. Failing to put the needs of the trust and its beneficiaries first can undermine confidence and risk financial security. Trust fiduciaries should maintain clear and regular communication with beneficiaries by asking them about their financial goals and keeping them informed. Discussing concerns about the trust with financial and legal advisors is also important.

Disorganization and not following rules

A fiduciary has an obligation to adhere to regulations regarding trusts. Furthermore, it is essential to establish straightforward and specific rules that govern the trust. All people involved with the trust should follow a common set of accounting procedures. Additionally, commingling multiple trusts or accounts can cause confusion and financial mismanagement. Robust internal controls can help prevent costly mistakes.

Failing to maintain accurate documentation

Organized and thorough records can help a fiduciary administer a trust and address problems that arise. Instead of relying on manual ledgers, fiduciaries should look into secure, highly accurate digital systems that allow cross-checking. It is also important to have a backup of all data and documentation associated with the trust and its transactions.

Trust fiduciaries can avoid major mistakes by maintaining records, following regulations and putting the trust’s interests above their own.

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