Trustees and beneficiaries often are involved in running or managing businesses. Trustees who become involved in running family owned businesses may have dual fiduciary duties which have different consequences for the trusts than for business entities. Corporation directors, officers, and controlling shareholder generally owe a fiduciary duty to the corporation, and then via the corporation to its shareholders. Duties of care and loyalty are owed by the above in the corporation setting.
In a trust setting, the duties of the trustee are far greater than those owed by directors, officers and controlling shareholders. There are time when a trustee is an “interested” person and on both sides of a transaction in a business. Trustees who engage in running a business should have both a business litigation attorney as well as a trust attorney to clarify their duties.
Call Sirkin Law Group at 818.340.4479 for a free business and trust consultation. Our attorneys can advise of all the ramifications of business litigation involving trusts, estates, and conservatorships. Our trust business litigation lawyers and attorneys in Los Angeles, Glendale, Woodland Hills and Pasadena are ready to serve you.
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