217 Probate, Trusts, and Fiduciaries 727 CHAPTER 217 PROBATE, TRUSTS, AND FIDUCIARIES HOUSE BILL 04- 2025

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the duty to act honestly and in good faith; the duty to act with due care, skill and diligence in relation to the best interests of beneficiaries; the duty to avoid conflicts of interests; and. the duty not to profit from the trust.
When a New York domiciliary dies (decedent) having a Last Will and Testament (testate), Probate is the process in which: (1) a Will is proved to the satisfaction of the Court to be the valid Last Will and Testament of the decedent, (2) the person named in the Will as Executor (fiduciary) is appointed to carry out
The duty of loyalty means that the trustee must always act in the best interests of the beneficiaries, and must not put his or her own interests above those of the beneficiaries where trust matters are involved.
This includes providing timely and complete information in a comprehensible form of the Beneficiarys interest in the Trust; keeping records and preparing a written accounting of the Trust assets to the Beneficiary; showing the nature, amount, and handling of the Trust assets, along with a written summarization of the
Trustees owe their fiduciary duties to the beneficiaries of the trust, consistent with the trust instrument. Conceptually, there are two distinct groups of trust beneficiaries. The first group consists of beneficiaries who are entitled or permitted to receive distributions currently.
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A trustee typically has the most control in running their trust. They are granted authority by their grantor to oversee and distribute assets ing to terms set out in their trust document, while beneficiaries merely reap its benefits without overseeing its operations themselves.

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