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C. Raymond Radigan, a former Surrogate of Nassau County and of counsel to Ruskin Moscou Faltischek, and Raymond C. Radigan, fiduciary business development officer at the U.S. Trust, Bank of America, Private Wealth Management, write: The capital markets have become more complex and volatile. As a result, a trustee now has an inordinate amount of responsibility when investing in a fiduciary capacity and could be held liable if it does not comply with the prudent investor standard. A trustee can either choose to be exclusively responsible for investing the trust assets or they can delegate these duties to a third party. Either way, imprudent investing can take many forms including holding a concentrated position without special circumstances or investing exclusively in a risky asset class. That does not mean, however, that a trustee must adhere to one particular investment strategy to avoid liability.
May 04, 2009 at 12:00 AM
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