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Trustee Liability

Welcome to Capital Revelations, our platform for education and commentary regarding the issues we are passionate about.

We expect to write a short piece whenever inspiration prompts us to do so, probably once or twice a month. Expect the topics to mirror the prominent topics of our website, but through the lens of the three primary forms of capital -  human (intellectual and social), physical, and financial. We hope to share what experience, conversation, and literature have revealed to us regarding the beneficial utilization of the various forms of capital we all possess. And of course, we welcome any comments or feedback you might have. Enjoy!
Professional Trustee Series: Setting the Investment Strategy Part 3 – Let’s Talk About Risk

In Part 2 of our exploration of how professional independent trustees should go about setting a trust’s overall investment strategy, we looked at the process of defining success, drafting an investment success statement, and translating that statement into investment goals such as current income and growth over time. If you haven’t read it, or don’t...

Professional Trustee Series: Setting the Investment Strategy Part 2 – “What Factors Should I Consider?” is the Wrong Question

Previously, we began a multi-part exploration of your role as an independent trustee in establishing the overall investment strategy for your trusts. We looked at your non-delegable obligation to set the trust’s “North Star” and we promised to explore the specific trust and beneficiary circumstances you should consider when setting the trust’s overall investment strategy....

Professional Trustee Series: Setting the Investment Strategy Part 1 – The Trustee’s Non-delegable Role in Setting the Trust’s “North Star”

In July, we looked at the elevated professional fiduciary standard of care and, using a case study, discussed how courts apply it. With this piece, we begin a multi-part exploration of your role as an independent trustee in establishing and overseeing the investment strategy for your trusts. We’ll look at the unique role you play...

Professional Trustee Series: The Elevated Professional Fiduciary Standard Part 2 – How Courts Define the Standard and Assess Whether It Was Breached

Sometimes drawing pragmatic lessons from legal proceedings requires pulling elements from multiple court cases, but for the professional fiduciary standard, we only need one; the Estate of Maxedon (1997). In this case, Edward Maxedon, a Kansas resident, placed farmland he owned into a trust for the benefit of his brother and sister to provide them...

Professional Trustee Series: The Elevated Professional Fiduciary Standard Part 1 – Why You and Uncle Bob are Not Treated Equally in a Court of Law

  As we embark on this exploration of best practices among professional independent trustees, it’s fitting to lay the foundation for the entire series by focusing on the fundamental framework that demands, defines, and animates your conduct, decisions, and liability as a professional trustee: the professional fiduciary standard of care. You may not realize that...

The Necessity of Having a Trust-Level Investment Policy Statement – How the Absence of One Creates Unnecessary Liability for Trustees

I wrote the following article for Trusts and Estates Magazine, which was published in its March issue, and posted on its website. For those without a subscription to the magazine, you can read the article in its entirety here.   It’s hard to watch or read the news without seeing another story about the sharp...

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OUR LOCATIONSWhere to find us?
4600 S Syracuse St 9th Floor, Denver, CO 80237
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Copyright by Third Day Capital Management. All rights reserved.

Copyright by Third Day Capital Management. All rights reserved.