Tuesday, September 13, 2016

Kuchling Quote

"We have to do what is in the best interest of the trust." - Theresa Kuchling

"The whole idea of a trust is to accumulate wealth. Where there is wealth, there is greed, and where there is greed, you’ll find temptation — and often misconduct." 

"The real concern is the trustee who is determined to milk the trust for fees that are reimbursable from the trust (SRNM.com - had a principle attorney on the banks board) The real concern is the trustee who is determined to milk the trust for fees that are reimbursable from the trust. There are lots of ways to do this, but the #1 best and leading way for trustees to milk fees is to manufacture a dispute with the beneficiaries — this leads to litigation, and litigation leads to fees".

There are other benefits to such trust litigation, such as that the trustee can hire a law firm to help milk the trust and the trustee can sometimes receive “referral fees” from the law firm around-the-barn or at the very least the law firm will be expected to send its new trust business to the trustee.

The trustee can also look for ways to milk the trust by firing the flames of disputes between trustees, or between trustees and other heirs. Many years ago, I was involved in one such dispute — representing a beneficiary — where the trustee was able to bill over $1 million in fees just for the trust company representatives and its lawyers to sit idly by and watch litigation between beneficiaries that didn’t materially affect the trust.

- Forbes.com