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A trustee of a trust must constantly take certain actions in the administration of their duties as trustee. But some beneficiaries, and even some trustees, often inquire whether a trustee has the power to take certain actions.

In general, the nature and extent of powers of a trustee are determined by the provisions of the trust instrument. In absence of trust provisions regarding a specific power, applicable trust law controls.

Trust law provides for trustees to have certain specific powers when it comes to incurring expenses, leasing and selling trust property, compromising claims affecting trust property, and powers with respect to the trust holding shares of stock or securities.

In addition, trust law enumerates the powers of trustees when there is more than one trustee.

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This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.

Paul Rabalais
Estate Planning Attorney