Article On Trust Protectors In The United States

Alexander A. Bove Jr.  (Bove & Langa, Boston Massachusetts) recently published an article entitled, Trust Protectors in the United States.  A Step Behind the Rest of the World, Trusts & Trustees (2016).  Provided below is an abstract of the article:

Although there are numerous non-US cases and treatises on the trust protector, the US estate planning bar is reluctant to fully consider and reflect their underlying view and treatment of the trust protector in practice. Even the courts in the USA have not taken it upon themselves to opine on the protector’s duties and liabilities, so that all we have, in effect, is a handful of non-committal state statutes to guide US attorneys. Only the Directed Trusteeship Committee of the Uniform Law Commission has risen above this to propose a uniform law to prescribe that the protector’s duties and responsibilities are basically fiduciary.