Third Trustee Not Liable for Lapse of Life Insurance Policy

Co-trustees of a trust cannot obtain a surcharge against a third trustee for failing to arrange for the payment of a premium on a life insurance policy when there was no clear evidence of a delegation to the third trustee.  Further, there was no loss to the trust due to the lapse of the policy because the marital agreement under which the trust was funded only required that the former husband provide funding of $1 million, which his estate provided when the policy lapsed.  Weintraub 1997 Trust, 7 Fid.Rep.3d 369 (Montgomery Co. O.C. 2013).

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