Trustees must administer the trust solely in the interests of the beneficiaries, to the exclusion of his own, or others', interests.  Trustees can be sued for any alleged negligent act in the management or disbursement of trust assets.

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.

Trustee's Errors & Omissions exposures include:

• Conflict of interest
• Violation of trust or corporate purpose
• Mismanagement or non-management of trust assets
• Exceeding the authority granted by the trust
• Intentional wrongful conduct
• Third parties that the trustee recommends, selects or retains improperly performs, or fails to perform, professional services as required
• Suits brought by beneficiaries seeking to challenge the terms of the trust.

Trustees have the duty to:

• Be fair when dealing in transactions with each beneficiary;
• to participate in the trust administration and insure that co-trustees participate;
• to act promptly to take possession of trust assets and property when appointed;
• to defend the trust against attack and to enforce claims;
• to protect and preserve trust property;
• to keep trust property separate;
• and to provide an accounting of the trust to beneficiaries.

Trustees frequently retain the services of other professionals (e.g., attorney, CPA, investment advisor) to assist in the valuation and administration of the trust. Trustees are vicariously liable for the actions of such other professionals and have a duty to select professionals who are competent and qualified.

Additionally a Bankruptcy Trustee's Bond is usually required by the US Bankruptcy Court. These bonds guarantee the faithful performance of the trustees work to the court as obligee.  Cravens Warren is fully capable of handling these court bond needs as well as the Trustee's E&O insurance. 

Related Terms:

Bankruptcy Trustees E&O
Estate Trustees E&O
Charitable Trusts
Public Trusts
Private Trusts