Can a trustee be personally liable?

Yes. Trustees have fiduciary duties and may sometimes be personally liable for self-dealing, improper investments, failure to communicate, mishandling trust assets, or failing to follow the terms of the trust.

Trustees may also create liability by making premature distributions before taxes and creditor claims are resolved. Careful administration and professional guidance are often critical to reducing these risks.

 

Philip J. Kavesh
Helping clients with customized estate planning guidance and trust & estate administration for over 45 years.