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This is not an unreasonable request by a professional trustee and even if she didn't get this in her agreement, it's not likely she would be held liable for actions taken, suggested or omitted in good faith. What would create problems for her would be actions relating to negligence, gross negligence, and/or willful misconduct. As long as the contract language excludes limiting her liability where negligence, gross negligence and/or willful misconduct is involved, you really won't have any problem agreeing to this because it's not likely she would be liable anyway. Accordingly, although you can insist that it not be retroactive but only going forward, as long as you get the foregoing exclusions, it really won't make much difference. Any professional trustee is going to want similar protection.
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What is the difference between negligence and gross negligence?
Thanks for following up. Negligence is simply a careless mistake. Gross negligence is more of a "conscious and voluntary disregard of the need to use reasonable care." It involves actions that are wilfull, wanton and reckless.