Feuding Fiduciaries

Jul 1, 2005 12:00 PM, By Charles F. Gibbs, partner, and Maureen S. Bateman, partner, Holland & Knight LLP, New York and Bo

By: By Charles F. Gibbs, partner, and Maureen S. Bateman, partner, Holland & Knight LLP, New York and Bo

Being a trustee entails risk of personal liability. Being one of a number of trustees can increase the risk. In the legendary Matter of Rothko,1 a fiduciary that failed to try to prevent his co-fiduciaries from breaching their duties was surcharged $6 million.

This cautionary tale sends a clear message: Know the state law that governs when a group or pair of fiduciaries disagree or even deadlock.

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