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Knowledgeable California Lawyers Outline Duties of A Trustee

Bochnewich June 14, 2023

Palm Desert Attorneys Assist with Trust Administration and Litigation

Trustees are given near-complete control over the assets that are placed into a trust. Accordingly, strict rules govern their actions so that they adhere to the terms of the trust and avert any conflicts of interest. As a firm with a special focus on trust litigation, Bochnewich Law Offices in Palm Desert provides thorough counsel to trustees and potential challengers who have questions about the fulfillment of trustee duties. In the Coachella Valley and throughout Southern California, we guide clients so that problems can be avoided and improper administration actions can be remedied.

Firm Handles Matters Relating to Potential Conflicts and Recordkeeping

Whether it’s your responsibility to carry out the terms of a trust or you’re affected by the actions of a trustee, our firm delivers comprehensive counsel on each aspect of trust administration. Starting with a free initial consultation, we’ll advise you on key matters such as:

  • Adherence to trust language — A trustee is required to execute the terms set forth in the trust instrument. This includes meeting legal obligations that apply to the trust, such as paying taxes or engaging in relevant court actions. As the person or organization responsible for fulfilling the trustor’s instructions, trustees are not permitted to transfer their duties to someone else.

  • Avoidance of conflicts — In many cases, particularly those involving family trusts, someone appointed as a trustee might also be a beneficiary. During these situations, it is particularly important for the trustee to avoid even the appearance of conflicts or actions that might indicate that they are placing their interests before those of other beneficiaries.

  • Accurate recordkeeping and reporting — Trust assets and transactions must be transparent to all potential beneficiaries. Commingling of a trustee’s personal property with items placed in the trust is strictly prohibited.

Abiding by a trust’s terms can be confusing, and one mistake could threaten the assets that the trustee is bound to protect. No matter how complex the trust’s language might be, we’ll deliver thorough counsel concerning a trustee’s duties and the options that are available if a discrepancy arises.

Contact a Coachella Valley Trusts and Estates Attorney for A Free Consultation

Bochnewich Law Offices represents Southern California clients in breach of fiduciary duty actions and other trust and estate matters. Please call or contact us online to schedule a free consultation at our Palm Desert office.