Trustees are charged with numerous responsibilities and the failure to fulfill any of those responsibilities could subject the trustee to legal recourse by the trust’s beneficiaries. For this reason, it is highly advisable that anyone serving as a trustee seek legal assistance and counsel to ensure that he or she understands and fulfills the many obligations given to trustees.
There are three sources for a trustee’s obligations:
- the trust agreement
- statutory law (found in California Probate Code sections 16000 – 16105)
- case law