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  1. #1
    Join Date
    Jan 2014
    Posts
    1

    Default Trust's Financial Managers Haven't Diversified the Trust's Investments

    My question involves a Trust account in the state of: Colorado

    I am a co-trustee on a trust along with a bank I appointed a few years ago. The investment managers in this trust dept haven't been performing much. In short, the trust started off having a good mix of investments, (and only 1% in cash) but the current manager has been negligent in acting to invest incoming money and now there is a huge percentage of the trust assets in cash, earning nothing, the past year, and being charged a 1% fee. I had addressed this a long time ago, to go ahead and get the money prudently invested, and that manager put a little in the markets at first, but hasn't done anything in months. What should be the proper outcome of this scenario? I have spoken to the person in charge of the Dept--who is looking into it. I have told them they have violated the prudent investor rule and it is a breach of fiduciary responsibility--yet I don't feel like hiring a mega bucks lawyer and litigating this. Or should I? Is there a better way? Or am I a fool for not demanding them to pay for what reasonably expected returns based on a conservative investment. (We had an investment strategy laid out, it just never got done) (Also I am the beneficiary) The manager will say that she had asked to invest the money but "never heard back with an approval" I have written proof she failed to act or do anything (Kept all communications neatly filed) -so any lame excuses wont hold up, but even so, what do you advise in this matter? Should I just move to another bank altogether? Or give them a chance to do better? Litigate for damages?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Trust's Financial Managers Haven't Diversified the Trust's Investments

    Litigating what?

    If you and your co-trustee think that the trust should invest more aggressively, and are willing to accept the risk, you and your co-trustee can instruct the investment manager to be more aggressive, or consider switching to a different investment manager.

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