This question should be answered using two IRAC structures. Please include all relevant keywords in your answer.
Marie, a financial advisor who is an experienced investor, is the trustee of her mother’s trust. She invests the trust assets, but only spends as much time and effort as necessary to make the kind of investments a reasonable person would make. Given her career, Marie knows of more complicated investment strategies that would be more profitable, but she does not feel like spending the time and effort. She is slow to respond to emails and does not always sell assets when she should. The amount of income earned by the trust is low, particularly given her expertise with investments.
Has Marie breached her duties as trustee?
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To answer this question, you should first think about and discuss whether Marie breached her duty of prudence, and then, whether she breached her duty to make property productive.
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Duty of Prudence
Duty to Make Property Productive
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