Duty of Prudent Administration

Missouri law provides that a trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distributional requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill and caution.  The duty of prudent administration requires that the trustee exercise “reasonable care, skill and caution” while serving as a trustee.  Although many trust documents state that the trustee does not need to follow the prudent investors rules as set forth in Section 469.908 RSMO, if there is a dispute as to whether a trustee breached the Duty of Prudent Administration, courts tend to look at the same factors as they would look at to see if the prudent investor rules where required.

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Gregory E. Robinson, P.C.
1422 Elbridge Payne Rd
Suite #170
Chesterfield, MO 63017
TEL: 636-532-9500
 

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