Trusted with the Future: What Every California Trustee Should Know
Being named as a trustee is an honor—but it’s also a legal obligation. Whether you’re stepping in after a loved one’s passing or managing a living trust during someone’s lifetime, understanding your responsibilities is critical. At Newman Law Group, we help trustees throughout California and Orange County carry out their duties with confidence, clarity, and full legal compliance.
A Trustee’s Job Is Bigger Than It Seems
At first glance, the role of trustee may seem simple—follow the instructions in the trust. But California law places significant fiduciary duties on trustees, requiring diligence, neutrality, and transparency.
You may need to file tax returns, handle investments, communicate with beneficiaries, and resolve disputes—all while adhering strictly to the trust’s terms. Missteps can lead to delays, loss of trust assets, or even personal liability.
At Newman Law Group, we walk you through each stage of trust administration so you can fulfill your duties and protect yourself in the process.
What Trustees Need to Know
Understanding Fiduciary Duty
California trustees must act in the best interests of all beneficiaries, treat everyone fairly, and manage trust assets responsibly. This legal duty underpins every action a trustee takes.
Core Responsibilities
Trustees must safeguard assets, pay valid debts, prepare trust accountings, file tax returns, and follow the exact terms of the trust. Transparency and documentation are key.
What Trustees Cannot Do
Trustees cannot mix trust funds with personal accounts, make risky investments, show favoritism, or self-deal unless explicitly authorized. Violations can lead to lawsuits or removal.
Frequently Asked Questions
Can I be held personally liable as a trustee?
Yes. If a trustee mismanages trust assets, fails to pay taxes, or breaches fiduciary duty, they may be personally responsible for any resulting losses.
How often must I communicate with beneficiaries?
Trustees must keep beneficiaries reasonably informed, especially when distributing assets or making major decisions.
What records should I keep?
Every transaction, communication, and decision should be documented—from expenses paid to distributions made.
Can I resign as trustee?
Yes, but you must follow the resignation process outlined in the trust document and California law.
Guidance That Protects You and the Trust
Legal Support for Trustees Who Want to Get It Right
Trust administration doesn’t have to be overwhelming. Newman Law Group provides step-by-step legal guidance for trustees across Orange County. From compliance to communication, we’re here to help you serve with confidence and avoid costly errors.