Legal Question in Wills and Trusts in Washington

Trustee powers

Is a Trust Agreement, signed by Grantor, which explicitly states that Trustee is not bound by state laws governing trust administration and fiduciary conduct, legally enforceable?


Asked on 7/05/07, 1:30 pm

2 Answers from Attorneys

Bruce Busch Bruce R. Busch, Attorney at Law

Re: Trustee powers

Depends on the state and the waived requirements. You can waive some basic reporting requirements. But some fiduciary duties cannot be waived unless you are basically giving the Trustee discretion to treat the assets as his/her own. You should have an attorney review the trust agreement in its entirety.

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Answered on 7/05/07, 2:56 pm
Elizabeth Powell ELizabeth Powell PS Inc

Re: Trustee powers

Mr. Busch got his answer just right. I concur.

Elizabeth Powell

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Answered on 7/06/07, 12:56 am


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