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Tips From the Pros: Trust Termination Trepidation

Charles A. Redd provides guidance on how careful trustees can proceed when terminating a trust.

Like all good things, most trusts, sooner or later, come to an end. When a trust terminates and the trustee has made final distribution, the trustee may remain vulnerable to breach of fiduciary duty claims by the remainder beneficiaries for a considerable period.1 Of course, no trustee wants to be sued at any time for any reason, but a particularly egregious situation for a trustee is to be the respondent in litigation initiated by one or more remainder beneficiaries well after the


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