Lesson 10 of 20
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Leasing, Law suits, Contracts

This section discusses a trustee’s powers regarding leasing, litigation, and contracting. Trustees can lease trust property for customary terms to ensure income generation but may be held liable for neglect if they fail to make the property productive. Leases made during the trust term remain binding even after the trust terminates unless the trust’s end date was predetermined, in which case leases cannot extend beyond that date. Trustees cannot make leases starting at future dates or bind the estate with renewal covenants exceeding their authority. Customary lease terms, such as 20 years for business or farming property, are common, with specific provisions outlined in the trust instrument. Trustees are also empowered to sue or defend on behalf of the trust and are personally liable for contracts unless they act within their designated powers, ensuring the estate is appropriately bound.

00:00 Introduction to Leasing in Trusts
00:09 Trustee’s Leasing Powers and Responsibilities
00:50 Liability for Neglecting Leasing Duties
01:01 Binding Nature of Leases
02:32 Leases Extending Beyond Trust Termination
04:09 Trustee’s Limitations on Future Leases
04:52 Customary Lease Terms
05:15 Conclusion on Leasing Provisions
06:01 Trustee’s Duty to Sue and Defend
06:50 Trustee’s Contractual Obligations