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To Seek a Court’s Advice and Direction, or Not to Seek, That is the Question

A review of the varying approaches taken in directing fiduciaries.

Fiduciaries generally have broad powers to administer and manage a trust or estate and are typically compensated for their service. But what happens when a fiduciary is uncertain about how to proceed and is reluctant to make a decision out of fear that any wrong move might spur litigation? The fiduciary’s, or its attorney’s, first instinct might be to seek advice and direction from a court. After all, there’s no better assurance that the fiduciary has complied with its duties than a court’s


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