Trustee Duties
Trustee Duties Trusts and Estates for MPT Trusts and Estates for MPT Trustee Duties Complete Trusts and Estates for MPT List Trusts and Estates for MPTThis topic appears in the UBE 2026 Rules Library master list under Tr...
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Trustee asked Beneficiary to sign a release approving Trustee's purchase of trust property. Trustee told Beneficiary...
Trustee asked Beneficiary to sign a release approving Trustee's purchase of trust property. Trustee told Beneficiary the price was fair but did not disclose that Trustee was the buyer, that Trustee had obtained a lower p...
Citations: Uniform Trust Code section 1009
Trustee pays income to Life Beneficiary and will distribute principal to Remainder Beneficiary when Life Beneficiary...
Trustee pays income to Life Beneficiary and will distribute principal to Remainder Beneficiary when Life Beneficiary dies. Remainder Beneficiary asks for recent account statements after learning that trust assets may hav...
Citations: Uniform Trust Code section 813
Trustee breached the duty of loyalty by directing trust business to Trustee's separate company. The trust paid $40,00...
Trustee breached the duty of loyalty by directing trust business to Trustee's separate company. The trust paid $40,000 more than a reasonable market price, and Trustee's company earned $25,000 in net profit from the tran...
Citations: Uniform Trust Code section 1002
Trustee lacks investment experience and hires Adviser to manage the trust portfolio. Trustee does not check Adviser's...
Trustee lacks investment experience and hires Adviser to manage the trust portfolio. Trustee does not check Adviser's credentials, gives no written investment objectives, and ignores monthly reports showing speculative t...
Citations: Uniform Trust Code section 807
Trustee repeatedly used trust funds for personal expenses, failed to account, and ignored court orders to provide rec...
Trustee repeatedly used trust funds for personal expenses, failed to account, and ignored court orders to provide records. The beneficiaries seek surcharge and removal. Trustee argues that removal is impossible because S...
Citations: Uniform Trust Code section 706, Uniform Trust Code section 1001
Trustee sold a trust-owned warehouse to himself for $500,000. Trustee did not seek court approval and did not disclos...
Trustee sold a trust-owned warehouse to himself for $500,000. Trustee did not seek court approval and did not disclose that he was the buyer until after closing. An appraisal obtained after the sale showed the warehouse...
Citations: Uniform Trust Code section 802
Trustee wrongfully withdrew $200,000 from the trust and used the money as the down payment on a condominium titled in...
Trustee wrongfully withdrew $200,000 from the trust and used the money as the down payment on a condominium titled in Trustee's individual name. The condominium later increased in value. The beneficiaries can identify th...
Citations: Uniform Trust Code section 1001, Common-law tracing principles
A trust directs Trustee to pay income to Dana for life and distribute principal to Quinn at Dana's death. Trustee is...
A trust directs Trustee to pay income to Dana for life and distribute principal to Quinn at Dana's death. Trustee is deciding whether to shift the portfolio into high-dividend bonds or growth stocks. The trust instrument...
Citations: Uniform Trust Code section 803
A trust instrument states, "Trustee is not liable for mistakes in judgment made in good faith." Trustee later intenti...
A trust instrument states, "Trustee is not liable for mistakes in judgment made in good faith." Trustee later intentionally hides a conflict of interest and transfers trust assets to a business Trustee owns. Beneficiarie...
Citations: Uniform Trust Code section 1008
Trust directs Trustee to pay income to Aunt Lila for life, then distribute principal to Settlor's grandchildren. Trus...
Trust directs Trustee to pay income to Aunt Lila for life, then distribute principal to Settlor's grandchildren. Trustee is Settlor's friend. For six years, Trustee sent Lila checks but provided no accountings to Lila or...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Trust Code sections 813, 1001, and 1005
Trust provides: "Pay income to my spouse, Rosa, for life. Trustee may distribute principal to Rosa as needed for heal...
Trust provides: "Pay income to my spouse, Rosa, for life. Trustee may distribute principal to Rosa as needed for health and support. At Rosa's death, distribute remaining principal to my children, Ben and Callie." Truste...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Trust Code sections 803, 814, 1001, and 1002
Trust requires Trustee to maintain a family farm unless all adult beneficiaries consent to a sale. The trust also sta...
Trust requires Trustee to maintain a family farm unless all adult beneficiaries consent to a sale. The trust also states, "Trustee shall not be liable for mistakes in judgment made in good faith." Without seeking consent...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Trust Code sections 801, 1001, 1002, and 1008
Galen transferred $400,000 to City Bank "as trustee to invest and distribute income equally to my children, Lina and...
Galen transferred $400,000 to City Bank "as trustee to invest and distribute income equally to my children, Lina and Omar, for 10 years, then distribute principal equally to them." City Bank signed a receipt but later de...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Trust Code sections 402 and 704
Settlor signed a valid trust instrument and transferred $300,000 to Trust Company "as trustee for my grandchildren."...
...valid trust instrument and transferred $300,000 to Trust Company "as trustee for my grandchildren." The instrument imposed investment and distribution duties. Trust Company declined to serve before making any distributi...
Citations: Uniform Trust Code section 704
Fiduciary Duties
...InterpretationProbateTrust CreationTrust ModificationTrust TerminationTrustee DutiesFiduciary DutiesBeneficiary RightsPowers of AppointmentFuture InterestsEstate AdministrationNonprobate Transfers
A trust was funded almost entirely with stock in one public company. The trust instrument did not direct retention of...
...ust instrument did not direct retention of the stock. For four years, Trustee kept the entire position without reviewing the beneficiaries' needs, market risk, taxes, or alternatives. The stock then fell sharply. Which s...
Citations: Uniform Trust Code section 804, Uniform Prudent Investor Act principles
Settlor's will created a trust to pay income to her son, Felix, for life, with principal to Felix's children at his d...
...principal to Felix's children at his death. The trust instrument gave Trustee "broad investment discretion" but did not waive fiduciary duties. At funding, 85 percent of the trust consisted of stock in one publicly trade...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Trust Code sections 804, 807, 1001, and 1002, Uniform Prudent Investor Act principles
Trust created a $2 million trust for Settlor's spouse, Mira, for life, remainder to Settlor's children, Noah and Priy...
...use, Mira, for life, remainder to Settlor's children, Noah and Priya. Trustee, who is Settlor's cousin, owned 40 percent of a struggling real estate company. Without telling any beneficiary about her ownership, Trustee c...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Trust Code sections 802, 1001, and 1002
Grandmother signed a letter to her daughter saying, "I hope you will use my stock portfolio to help your children wit...
...ol. I trust you to do what is right." The letter did not use the word trustee, impose duties, state distribution standards, or require account separation. Grandmother kept the portfolio in her own name until death. What...
Citations: Uniform Trust Code section 402
Wills
...InterpretationProbateTrust CreationTrust ModificationTrust TerminationTrustee DutiesFiduciary DutiesBeneficiary RightsPowers of AppointmentFuture InterestsEstate AdministrationNonprobate Transfers
Probate
...InterpretationProbateTrust CreationTrust ModificationTrust TerminationTrustee DutiesFiduciary DutiesBeneficiary RightsPowers of AppointmentFuture InterestsEstate AdministrationNonprobate Transfers
Trust Creation
...InterpretationProbateTrust CreationTrust ModificationTrust TerminationTrustee DutiesFiduciary DutiesBeneficiary RightsPowers of AppointmentFuture InterestsEstate AdministrationNonprobate Transfers
Will Formation
...InterpretationProbateTrust CreationTrust ModificationTrust TerminationTrustee DutiesFiduciary DutiesBeneficiary RightsPowers of AppointmentFuture InterestsEstate AdministrationNonprobate Transfers