Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Saturday, August 30, 2014

Article on Fiduciary Selection

BeyerI recently published an article entitled, A Guide to Fiduciary Selection, Estate Planning Developments for Texas Professionals (July 2014).  Provided below is the abstract from SSRN:

Your clients must exercise great care in selecting fiduciaries such as executors, trustees, and agents. These decisions may affect the client and the client’s family members for many years. Decisions regarding the appropriate persons to select are, naturally, for your clients to make. However, you have a duty to explain to your clients the factors they should consider before making designations in wills, trusts and powers of attorney. This article focuses on these considerations.

The article begins with a discussion of legal criteria based on the law of Texas. 

The remainder of the article has general application and discusses the factors from a practical standpoint which a client should consider as well as the pros and cons of using a corporate fiduciary and of appointing co-fiduciaries.


Articles, Estate Planning - Generally, Professional Responsibility, Trusts, Wills | Permalink

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Great commentary on choosing fiduciaries ! I don't draft wills, but we do litigate them. I can't tell you how many Palm Beach probate lawsuits are initiated because an heir or beneficiary does not like the trustee , POA, or executor of a Palm Beach Estate. Well done ! www.pankauskilawfirm.com

Posted by: John Pankauski | Aug 31, 2014 2:46:07 PM

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