Liability Risks Arising From Holding Certain Assets in Trust
The extent of difficulty of a trustee's responsibilities largely rests on the nature of the trust assets. Depending on the type of trust and its objectives, for the trust to be successful, some assets may need to be retained and preserved, some assets will almost certainly be relied upon to generate reasonable investment return, some assets may have to be liquidated, and, occasionally, an asset must be abandoned. The trustee's decisions are always subject to scrutiny and critique by the beneficiaries and their counsel.
Sophisticated trustees should strive to be informed regarding the following:
- The current landscape regarding trust diversification requirements
- Recognizing and addressing difficulties that may result from holding closely-held business interests
- Special concerns when holding other non-traditional assets in trust
- Socially responsible investing