Planning for Life

In general, trustees have a duty of loyalty and care that must be upheld in the management of trust assets and funds. The trustee must only disburse and transfer funds for the benefit of the beneficiaries and for the purposes set out in the terms of the established trust. But what happens when these duties are breached, and the trustee starts transferring funds for their own benefit? For instance, maybe they transfer funds to their own personal bank account and purchase a timeshare in Mexico. This is precisely the alleged situation that divided a family in Whittaker et. al. v. Whittaker (United States District Court, D. Massachusetts, 2019) which they turned into a federal case.

By Harry S. Margolis

In a short documentary, Amanda Brown describes how disputes over elder care for her 86-year-old grandmother, Edna Mae "Mee-Mah" Royal, after her stroke tore her formerly tightly-knit family apart. As a result of the split with three of her eight children on one side and five on the other, siblings are not talking to each other and grandchildren are no longer speaking with aunts and uncles. In addition, some families stand to inherit family real estate and others do not.