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Trust Protector
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In certain circumstances, we can assume the roles of a trust protector or special trustee. The trust protector’s role, in essence, is to supervise the trustee.

 

The list of powers that can be given to a trust protector is wide-reaching and includes: removing and/or replacing a trustee (the most commonly used power), controlling investment and/or distribution decisions; vetoing the action of a trustee; and many others.

These appointments can also arise amid litigation or conflicts between trustees and beneficiaries. We will act as a neutral party under the power of these appointments, facilitating the resolution of disputes or conflicts.

 

These appointments may entail ongoing supervision of the trustee's management of the trust or oversight of the beneficiary's actions.

 

Alternatively, they may involve a short-term, binding arbitration-type decision-making process aimed at expediting trust administration and mitigating the need for prolonged litigation.

Scott Mortenson J.D.

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