Attorney Daniel Ebner co-authored an article titled “Who’s the Boss? Fiduciary Liability and Directed Trusts” in a recent issue of Real Property and Estate Law Journal for the American Bar Association. In a directed trust, individuals other than the trustee have a role in the trust’s administration. Today, states apply different standards on trustees and other third parties. The state-by-state variations have created uncertainty and complex situations that need to be addressed by state courts.

In this article, Ebner and his co-authors describe directed trusts in detail and discuss varying statutory laws, as well as current pitfalls:

“With the emergence of directed trusts nationwide, the law governing trust administration has become far more complex and uncertain. The Uniform Law Commission strives to bring uniformity and certainty— particularly through the UDTA—but governing law overall remains underdeveloped and inconsistent.”

A partner at Prather Ebner Wilson, Daniel Ebner focuses his practice on representing trustees, beneficiaries, not-for-profit entities, and shareholders in closely held businesses in litigation involving wills, trusts, and breach of fiduciary duty. He also represents fiduciaries in uncontested trust administrations, probate proceedings, and guardianships.