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Trustee Breach of Fiduciary Duty in California

A trustee manages property for others and must follow the trust and applicable fiduciary duties. Suspected self-dealing, unexplained losses, or unequal treatment may justify closer review, but an unfavorable result alone does not prove a breach. Aliav Law, APC represents both beneficiaries bringing claims and trustees responding to them.

Common disputed conduct

Claims can involve conflicts of interest, failure to keep records, imprudent investment or sale decisions, improper distributions, or failure to act. The precise duty, the trust language, the trustee’s knowledge, and the financial effect must be examined together.

Evidence and remedies

Bank records, property documents, communications, accountings, and expert analysis may be important. Depending on the facts, a court may order an accounting, direct performance, address a loss to the trust, or consider removal. The available remedy is tied to the proven claim; it is not automatic.

How we approach the dispute

We identify the challenged decision, build a chronology, compare it with the governing documents and records, and assess whether prompt preservation or court relief is needed. Trustees need a clear, documented explanation; beneficiaries need evidence of duty, breach, and resulting harm.

Common questions

Is every loss a breach?

No. A loss by itself does not establish that a trustee violated a duty. The circumstances and the decision-making process matter.

Can a trustee be personally responsible?

Potentially. California law provides remedies for a breach of trust, subject to the facts and defenses.

If you are dealing with a trust or estate dispute, contact Aliav Law, APC to discuss the documents, timeline, and options specific to your matter. No attorney-client relationship is formed by reading this page.

Discuss your matter with Aliav Law

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(310) 800-2911
291 S. La Cienega Blvd. #310 Beverly Hills, CA 90211
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