Publications
The Fiduciary Vacuum: AI Adoption, Trust Law Erosion, and the Governance Gap in Family Enterprise Succession
The rapid integration of artificial intelligence into fiduciary decision-making and the systematic erosion of fiduciary protections through interstate trust law competition.
Their intersection produces what this article terms the “fiduciary vacuum”—a structural accountability gap in which AI-powered decision-making operates with diminishing human oversight inside trust frameworks that simultaneously eliminate meaningful consequences for fiduciary failure. For family enterprise advisory teams, this convergence can no longer be ignored.
You Could Be Immortal: Estate Planning for Digital Assets
Climate Change is Code Red for Humanity: Is ESG Investment Code Red for Fiduciaries?
Confusion lies in which ESG factors in investing a fiduciary should consider. Factors that directly benefit a beneficiary of the trust are allowed, but not factors that benefit a third party based on a moral or ethical basis, and only indirectly benefit the trust beneficiaries. The assumption that an ESG investment will always outperform a non-ESG investment alone can’t justify prioritizing ESG factors. More is required when drafting trusts and other documents.
The Challenge Of Trustee Selection
The most challenging decision an estate planner must make is who to recommend as a trustee for a client. Trusts execute the estate plan, and the trustee is the lynchpin of any trust. The trustee plays multiple roles; a financial and ministerial role; they are responsible for the prudent investment of assets as well as administrative and executive duties of overseeing the trust; the role of consigliere to the family, a trusted advisor and counselor willing to argue with the client when needed, without ambition and giving dispassionate advice