Trustee Litigation

A trustee is someone who is responsible for managing the assets that are placed in the trust. Under California law, a trustee owes specific fiduciary duties to the beneficiaries of the trust. These duties include the duty of loyalty and the duty to act reasonably and prudently in the administration of the trust. For example, a trustee selling real estate owned by the trust has a duty to obtain a fair price for the real estate, usually determined by the fair market value of the property. When a trustee breaches the duties owed to the beneficiaries, the trustee may be subject to liability. The litigation attorneys at White and Bright, LLP have experience handling both sides of trustee litigation and have a comprehensive understanding of the law from both perspectives.

When a trustee engages in misconduct, that trustee is said to have breached a fiduciary duty. Potential misconduct encompasses a broad range of issues, including self-dealing, fraud, failure to remain impartial, improper accounting or investment, failure to provide documentation and reports, and more. If a beneficiary prevails in court on a claim that the trustee has breached a fiduciary duty, that trustee may be liable for damages. Compensatory damages require that the trustee offset any loss caused by the breach of duty, while punitive damages are meant to punish a trustee and discourage future violations.

The attorneys at White and Bright understand the ins and outs of trusts - from drafting the instrument all the way to trustee litigation. We have the necessary in-depth understanding of California laws and court decisions relating to trustee conduct, as well as the skill to understand the financial complexities associated with trusts. Our extensive background provides us with superior credentials in trustee litigation matters. We welcome you to contact us about our trustee litigation services.