When someone is named as a trustee to a trust, they have a fiduciary duty to act in the best interests of all the trust’s beneficiaries. In an ideal situation, all trustees would be trustworthy people who weren’t liable to act in their self-interest or make mistakes with a loved one’s trust before distribution. The reality is that many issues can arise in a trust dispute that directly involves the trustee, accusing him or her of a breach of trust.
At Feldman Law Group, we’ve honed our litigation skills across more than 35 years to become among the most capable probate and trust administration litigators you can find in Alameda County. Our breach of trust lawyer in Walnut Creek can work with clients on either side of the equation – whether you’re a trustee defending against breach claims or a beneficiary who feels someone is mismanaging your loved one’s trust, we can help you represent your interests in court.
Contact Feldman Law Group online or call (925) 208-4543 to arrange a consultation where our founding attorney Aaron Feldman can tell you more about how his services can help you protect your interests.
A Trustee’s Responsibilities
In California probate law, a breach of trust and breach of fiduciary duty look very similar if not the same. That’s because a trustee has several major responsibilities that constitute their fiduciary duty, key among them is acting in the interest of beneficiaries and according to the terms of a trust.
Other major responsibilities the trustee has includes:
- Treating each beneficiary with impartiality despite any of their different or competing interests
- Refraining from using any property in the trust for personal use or benefit
- Allowing beneficiaries to hold the trustee liable without waiver
- Avoiding any conflicts of interest, such as becoming a trustee of a trust that counters the interests of beneficiaries of the original trust
- Preserving the privacy of the trust and its beneficiaries
When the trustee fails in their responsibilities or acts in self-interest, beneficiaries may feel inclined to seek legal action to hold the trustee accountable for a breach of their fiduciary duty (i.e. a breach of trust).
Our breach of trust attorney in Walnut Creek can work with clients all across Alameda County when they need to hold a trustee accountable for a breach or are a trustee in need of support during this time.
Contact Feldman Law Group online to reach out to our lawyer! We have more than 35 years of experience helping people in situations like yours find comfortable resolutions.