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Question 1
Jennifer's will leaves her property (including the family residence) in trust for her children. Her brother, Matthew, is the trustee. Since she wants her children to get the home after the trust terminates, she includes a provision in the trust agreement that forbids the trustee from selling the property. Since the real estate market was heating up, Matthew got permission from the beneficiaries to sell the residence. He realized a healthy profit from the sale. Matthew's action was permitted.
Correct The trust agreement is the main source of the trustee's power and authority. In addition, if there is unanimous consent from the beneficiaries, an action can be undertaken. Here, Matthew got the consent of the children before selling the property. Their consent has the power to override the trust agreement's provision against selling trust property.
Incorrect! The trust agreement is the main source of the trustee's power and authority. In addition, if there is unanimous consent from the beneficiaries, an action can be undertaken. Here, Matthew got the consent of the children before selling the property. Their consent has the power to override the trust agreement's provision against selling trust property.
Correct
Incorrect!
Question 2
Laila is the trustee for her late uncle's trust fund. One of the properties in the trust in the personal residence her uncle owned during his lifetime. Laila always liked the home and would not mind owning it. Several years after her uncle's death, the last child moved out of the home. Since the trust allowed Laila to sell the home, she decided to buy it herself. Laila's action was
Correct
Incorrect!
Correct There is an inherent conflict of interest involved in self-dealing. If the trustee wants the trust property for herself, it is difficult to take into account the beneficiaries' interest of getting the highest possible price for the property. Here, Laila probably caused the trust to forgo some profits on the sale when she bought the residence for herself. As such, since she put her interests before the beneficiaries' interests, she breached her fiduciary duty.
Incorrect! There is an inherent conflict of interest involved in self-dealing. If the trustee wants the trust property for herself, it is difficult to take into account the beneficiaries' interest of getting the highest possible price for the property. Here, Laila probably caused the trust to forgo some profits on the sale when she bought the residence for herself. As such, since she put her interests before the beneficiaries' interests, she breached her fiduciary duty.
Correct
Incorrect!
Question 3
Malcolm is the trustee for property held in trust for Sabrina, his niece. One of the assets is a $2,000 promissory note signed by Morris. The note becomes due and is collectible. Malcolm negligently permits the statute of limitations to run before trying to collect the debt. After the fact, Malcolm sues Morris, who claims the statute of limitations as his defense. Morris wins and the trust loses. What is Sabrina entitled to?
Correct
Incorrect!
Correct The trustee has a duty to promptly take control of trust property. Here, Malcolm's delay caused the trust to lose the $2,000 value of the promissory note plus the interest he could have collected. As such, that is what Malcolm is personally liable to Sabrina for.
Incorrect! The trustee has a duty to promptly take control of trust property. Here, Malcolm's delay caused the trust to lose the $2,000 value of the promissory note plus the interest he could have collected. As such, that is what Malcolm is personally liable to Sabrina for.
Correct
Incorrect!
Question 4
Drake has $25,000 in trust for Isabel. Drake opens an account at Commerce Bank, where he also has an account, in his own name. Drake deposits the $25,000 into the new account. Drake is three months behind in paying his mortgage; Commerce Bank is also his lender. Commerce Bank sets off Drake's outstanding mortgage amount from the $25,000 deposit. Drake is liable for breach of trust.
Correct A trustee is required to keep trust assets separate from his own assets and earmark them as trust assets. Here, although Drake opened a new account for the trust funds, he failed to indicate that it was a trustee account. As such, he violated his duty to segregate trust assets'a breach of trust.
Incorrect! A trustee is required to keep trust assets separate from his own assets and earmark them as trust assets. Here, although Drake opened a new account for the trust funds, he failed to indicate that it was a trustee account. As such, he violated his duty to segregate trust assets'a breach of trust.
Correct
Incorrect!
Question 5
First Bank of Tucson (FBT), a bank acting as trustee, buys stocks for a series of trusts. FBT had previously adopted internal standards requiring that stocks bought for trust accounts: (1) be rated as least B-plus or better and (2) be issued by companies with at least $100 million in annual sales. These safety rules were also followed by other major banks who manage trust assets. FBT recently hired a new trust manager who purchased stocks that failed to satisfy one of those requirements. Subsequently, the stocks were sold at a loss, at a time when the market was extremely depressed. If the beneficiaries sue FBT, what would they be entitled to?
Correct
Incorrect!
Correct
Incorrect!
Correct A trustee has a duty to prudently invest the trust's assets. Here, FBT failed to act as a prudent investor would act. It violated its own safety standards, which were also industry standards, which led to its breach of duty. The beneficiaries would be entitled to the difference in price plus interest that would have been received on the difference during the period of the improper investment. See, e.g., First Alabama Bank of Montgomery v. Martin, 425 So.2d (Ala. 1982).
Incorrect! A trustee has a duty to prudently invest the trust's assets. Here, FBT failed to act as a prudent investor would act. It violated its own safety standards, which were also industry standards, which led to its breach of duty. The beneficiaries would be entitled to the difference in price plus interest that would have been received on the difference during the period of the improper investment. See, e.g., First Alabama Bank of Montgomery v. Martin, 425 So.2d (Ala. 1982).