Discretionary Standards:
Matching Grantor Intent to Trustee Action

Presented by:     Cynthia D.M. Brown, Esq.

This presentation will familiarize you with the most common distribution standards and provide insight as to their application by trustees.  It will include case studies and hypotheticals throughout to assist participants in understanding a trustee’s application of the same.  The presentation will include:

1. • Some ideas for initial conversations with clients and how to pick the right trustee;
   • An analysis of typical distribution standards, such as the ascertainable standard, unascertainable standards, absolute discretion, and direction;
   • A discussion of the various methods for communicating grantor intent;
   • An analysis of how a trustee typically determines the grantor’s intent from the deed of trust and ancillary documents;
   • How to assess beneficiary need through (1) consideration of their other resources and (2) consideration of the beneficiary’s standard of living;
   • A behind the scenes look at how a trustee analyzes and processes a distribution request;
   • A look at the standard of review applicable to both the judiciary and regulatory authorities; and
   • Case studies illustrating the handling of difficult distribution requests.

There will be no CE for this webinar


For those who have a conflict with the date/time, The session will be recorded. Simply register and you will have unlimited access to the recording.

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