When a loved one creates a trust, they appoint someone they believe will carry out their wishes faithfully: the trustee. The trustee’s role is to safeguard the trust property, follow the terms of the trust, and act in the best interests of the beneficiaries. In California, trustees are held to high legal and ethical standards — yet not every trustee lives up to these responsibilities. For beneficiaries, it can be difficult to know whether a trustee is doing their job, or whether action may be needed.
A trustee in California has what the law calls a fiduciary duty. This means they must put the interests of the beneficiaries above their own. They are required to manage assets prudently, avoid conflicts of interest, and keep beneficiaries informed. In practice, this includes things like investing trust assets responsibly, keeping accurate records, and providing regular accountings to beneficiaries.
Red flags often appear when these duties are not being met. If a trustee refuses to share information, delays distributions without explanation, or mixes trust assets with their own, beneficiaries may rightly be concerned. Mismanagement can be obvious, such as a trustee selling property for far below market value, or more subtle, like failing to diversify investments or letting property taxes lapse. In California, trustees are legally obligated to act with transparency — silence or secrecy is not acceptable.
Beneficiaries should also pay attention to communication. A diligent trustee keeps beneficiaries informed, responds to questions, and provides documents when requested. California law requires trustees to provide an accounting at least once a year and whenever a significant change occurs in the trust’s assets. If you are left in the dark, that may be a warning sign.
Of course, not every delay or misstep is misconduct. Trust administration can be complex, particularly when real estate, businesses, or tax issues are involved. But when a trustee’s actions (or inactions) cause harm or create distrust, beneficiaries have the right to seek court intervention. The court can order a trustee to account, remove them for breach of duty, or in serious cases, hold them personally liable for losses.
At Golden Grove Law PC, we help beneficiaries understand their rights under California law and evaluate whether a trustee is meeting their obligations. We bring clarity to confusing situations, provide guidance on when court involvement may be necessary, and represent clients in trust disputes when accountability is required.
A trustee’s job is more than managing money; it is about honoring the intent of the trust’s creator and protecting the people the trust was designed to benefit. If you are questioning whether a trustee is doing their job, know that you have options — and that protecting your inheritance and your loved one’s legacy is not only your right, but your responsibility.
Whether you're preparing for the future or navigating the challenges of probate or trust disputes, Golden Grove Law PC is here to help. Our estate planning attorneys provide personalized guidance with clarity and care, focused exclusively on estate law.