Beneficiaries Sue Estate Trustee

Beneficiaries Sue Estate Trustee

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Trust assets of approximately $8.5 million

Trustees should protect themselves by purchasing Trustee's Errors & Omissions (E&O) coverage which protects against allegations that the trustee did not act with all of the skill, care and diligence of a prudent person in a similar entity. The following is a case study that illustrates an all to familiar scenario in which a trustee is exposed to considerable liability.

Description of Event:

A deceased person's will named a trustee to handle the deceased's estate, which included three properties. The trustee liquidated the estate and distributed the proceeds in accordance with the will.  The beneficiaries brought suit, alleging that the trustee was negligent in obtaining an assessment of the property values, resulting in a $250,000 loss to the estate.

Resolution:

The case was settled for nearly $165,000. The trustee incurred defense costs of more than $20,000.


 



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