Trustee

A fiduciary as trustee has the responsibility of carrying out the terms of a testamentary or living trust. The trustee is usually a person named by the creator of the trust, but in some cases, the trustees cannot carry out his or her duties because of incapacity or death. If there is no successor trustee who can serve, the court has the responsibility of appointing a trustee, usually someone nominated by the trust beneficiary who then safeguards the assets and invests them according to the Uniform Prudent Investor’s Act (as set forth in the Probate Code). Professional trustees working under the UPIA are held to a higher standard than others.

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