California trustees have an obligation to manage trust investments with an appropriate level of care and in the best interest of the beneficiaries. When you are the beneficiary of a San Diego trust and see trust assets being invested poorly, it can be very upsetting. However, just because an investment does not have a positive return does not necessarily mean that the trustee is breaching any duty. Contact an experienced California trust attorney for assistance in evaluating the facts and circumstances surrounding your particular trustee’s investments.
If you suspect that a trustee is investing trust assets poorly and is in breach of a trustee’s duties under California probate law, the following is an overview of questions to pursue:
- Is the trustee exercising reasonable caution when investing trust assets, or is he or she investing recklessly?
- Is the trustee investing trust assets in a manner that is consistent with the terms of the trust?
- Are the risk and return objectives of the trustee’s investments suited to this particular trust?
- Is the trustee diversifying the investment of the trust assets?
- Is the trustee paying too much money in fees relating to the investments?
- Is the trustee taking into consideration the tax consequences of the investments?
The answers to these questions will give you a better idea of whether you might have a potential claim against the trustee for breach of a duty relating to the management of trust assets. To learn more about bringing a claim against a trustee, view our free book The Ultimate Guide to California Trust and Probate Litigation.
Paying closing attention to the management of trust assets is important to ensuring that your interests as a beneficiary are being protected. For more information about the investing of trust assets and the duties of trustees, contact an experienced California trust litigation attorney today for guidance. Call the Grossman Law Firm at (888) 443-6590.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307