La Trust Code
LA TRUST CODE – BELL FAMILY TRUST
You be the Judge
The trustees attorneys had copies of the Bell family trust and intentionally disregarded and by purposeful omission provided known misrepresentation adverse to the broad powers that were vested to me.
My bench book had a copy of the Bell family trust instrument – and one could assume why the trustees attorney interrupted my testimony on my bench book exhibits – they did not want the Bell family trust broad authority testified about. Do you opinion they did not want the evidence heard?
The Bell family trust instrument granted me as trustee the broadest authority allowable by law. (Please see below Louisiana Trust Law that supported my actions as trustee)
My father, who was concerned with his assets and the circumstance that he was estranged from all his other children for nearly two decades, voiced his concern that they may opt to remove him from his life long home. My father discussed with the trust attorney setting up an LLC instead of a trust. The trust attorney confirmed those conversations by letter. In fact Sue Bell Holdings, LLC still is in good standing today. These assets could have been placed in my name from day one or soon thereafter, overwhelmed with the crisis we reviewed that or took the action.
The trust attorney also provided his opinion by letter that I would not likely save the assets.
See below: Louisiana trust law compelled me to protect and preserve.
The trustees own expert Mag Ritchie testified – “she would not likely have taken this trust because of the high risk of litigation.”
The leading Louisiana trust expert Paul Hood testified - ”
I was advised as to trust law and the first obligation to save assets.
I understood the serious circumstances precarious duty and I related in week two of this mess to the trust CPA; “My siblings are going to file suit against me somewhere down the road whether I save the assets or not.”
The analogy of that statement
If I took the necessary action I believed prudent, as I was there dealing with the crisis, the siblings would not be happy to pay for my services providing those actions. Even though the trust provided me with authority without having to seek court approval to do so. Even though they were entirely aware of the precarious situation and that I essentially left a career for a contingency payment – If I save the assets.
and: if I didn’t take the action, they would have sued me if the assets were lost arguing I was compelled by Louisiana trust law to take all actions to save and preserve the assets.
I knew my precarious future circumstances when I disclosed my thoughts with the trust CPA. I knew the years experience I had with dysfunctional family members – and I proceeded to salvage and try and do what was right anyway. To save my father from dying in a federal prison – manage the federal and state criminal issues – manage his pedophilia behavior – prevent additional victims - saving the assets – manage the farm
I sent my family siblings a letter of notice of the grave circumstances I was facing and that I could not guarantee I would be successful in saving anything.
Is it reasonable to assume that what would befall my father would also befall the trust assets subject to revocatory actions that he donated on the eve of indictments?
What is saddest of all, these family assets were the properties of my elderly mother and father, who both mismanaged their lives, so it was only by their misfortunes – that these assets were ever transferred into the trust. This was NOT your everyday here “I love you trust.”
Apparently my siblings did not care about whether these assets should have provided for the care of my elderly parents until their demise. Or that by law – alimentary duties require descendants to care for ascendants.
As you have seen throughout this web-site – my siblings offered no support in the crisis with my father’s legal affairs (in fact the record is replete they meant to do harm if they could prosper) nor have they assisted me in carrying for my elderly mothers needs.
My elderly mother – concerned these children would try to fire her team of doctors my mother executed a six page living will to prevent them from doing so.
My mother also provided a hand written notarized letter to the court during the last hearing, requesting the courts consideration.
LOUISIANA TRUST CODE (in part)
R.S. 9:2115 Control of Discretionary Powers
If discretion is conferred upon a trustee with respect to the exercise of power. Its exercise shall “not” be subject to control by the court, except to prevent an abuse of discretion.
R.S. 9:2090 Prudent Man Rule
A trustee is administering a trust shall exercise such skill and care as a man of ordinary prudence would exercise in dealing with his own property.
R.S. 9:2091 Control and Preservation of Trust Property
A trustee is under a duty to a beneficiary to take reasonable steps to take, keep control of, and preserve the trust property.
R.S. 9:2093 Defense of Actions
A trustee shall defend actions that may result in a loss to the trust estate, unless under all the circumstances it is reasonable not to make a defense.
R.S. 9:2087 Delegating Performance
A trustee shall “not” delegate to others the doing of acts that he can reasonably be required to personally perform.
Bell Family Trust – 6.12 Agents and Employee
The trustee is authorized to employ or retain such employees, agents and advisors as trustee may deem necessary, to assist in performing any duties of trustee, including, but by way of illustration only, investment advise, management advise, and for any other purpose trustee considers advisable, and to determine reasonable charges for such services and to make payment therefor out of the trust property.
R.S. 9:2111 Extent of powers
Except as stated in R.S. 9:2061 through 9:2066, a trustee shall exercise only those powers conferred on him by the provisions of the trust instrument or necessary or appropriate to carry out the purpose of the trust and or not forbidden by the provisions of the trust.