Trustee Releases and Legal Fees

Heart of America Regional Meeting
Session VIII
May 1 – 3, 2026
St. Louis, MO

This presentation addresses the legal framework for releasing a trustee from liability, covering exculpatory clauses, statutes of limitation for breach of trust claims, and the effect of a beneficiary’s consent, release, or ratification on trustee liability. The presentation also provides an overview of the legal principles governing the payment of a trustee’s attorney’s fees, including the common law “fund in court” exception to the American Rule and the statutory frameworks for expense reimbursement and fee-shifting. The applicable laws in the Heart of America states will be discussed, along with significant case law illustrating how courts in these jurisdictions exercise discretion in addressing trustee liability and attorney’s fee awards in trust litigation

Speaker: Dan C. Young