2011: San Diego Trust Administration Litigation
Parties who believe the trustee may be in breach of his or her fiduciary duty typically initiate litigation involving the administration of a trust. In such an event, a party or parties may wish to retain a 2011 San Diego Trust Administration Litigation attorney? California Probate Code and the defined terms of the trust govern a trustee's actions. Failure to comply or meet his or her fiduciary duties may place the trustee in a precarious position.
It would be prudent to seek the advice of a 2011 San Diego Trust Administration Litigation attorney if you feel a trustee is in breach of his or her fiduciary duties. The responsibilities and duties of a trustee include, but are not limited to the following:Impartiality
Many trusts often have more than one beneficiary and several family members may be involved. The trustee must remain impartial and cannot favor one beneficiary over another.Proper Standard of Care
A trustee is burdened with the responsibility of administering the trust with reasonable skill and care. While a beneficiary may feel reasonable care was not taken, it would be prudent to seek the advice of a 2011 San Diego Trust Administration Litigation attorney to determine if the trustee acted without reasonable skill and care.Trust Administration
A trustee must comply with the provisions set forth in the trust. Many trusts indicate specific actions and duties that a trustee must complete. Failure to do so may indicate a breach of fiduciary duty.Conflicts of Interest
A trustee must avoid situations in which he or she conducts a transaction that adversely affects the beneficiaries of the trust. In addition, the trustee should not use the property or assets of the trust for the trustee's benefit. To determine if fiduciary duty has been breached, it is best to seek the advice of a 2011 San Diego Trust Administration Litigation attorney.Duty to Report
A trustee must provide information about the trust to the beneficiaries. This duty includes the requirement to periodically provide and accounting to the beneficiaries.