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A Directed Trustee May be Liable for Attorney’s Fees

Unknown-2In Shelton v. Tamposi, No. 2010-634, 2013 WL 132721 (N.H. Jan. 11, 2013), the New Hampshire Supreme Court affirmed the order of the trial court removing an “excluded fiduciary” (equivalent to a “directed trustee”) and ordering her to pay individually the attorney’s fees of the opposing parties, agreeing with the trial court that she brought the proceeding questioning the actions of the trust’s investment advisors in bad faith.

Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.

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