TrustTrust LitigationTrustee Duties

Trustee Duties: Is My Trustee Required to Use Their Special Skills?

By January 22, 2026January 26th, 2026No Comments
trustee special skills

Table of Contents

Key Takeaways

  • California trustees must administer a trust with reasonable care, skill, and caution.
  • Trustees with special skills face a higher legal standard.
  • A trustee cannot ignore or underuse the expertise that justified the appointment.
  • Further, a trustee who fails to use special skills may breach fiduciary duties, even without bad intent.
  • Beneficiaries may seek damages, interest, and trustee removal through the California probate court.

The Trustee’s Duty of Care Under California Law

The California Probate Code imposes a duty of care on every trustee. Trustees must manage trust assets prudently, follow the trust’s terms, and act solely in the beneficiaries’ best interests.

That duty changes depending on the circumstances. California courts evaluate trustee conduct by examining the surrounding circumstances, including the trustee’s background, experience, and the reason they were selected. The Grossman Law Firm frequently encounters disputes in which trustees misunderstand their obligations. Many trustees assume that good intentions suffice; however, California law evaluates trustees based on their conduct rather than their intent.

When a Trustee Is Held to a Higher Standard

As a result, a trustee who brings professional expertise into the role operates under higher expectations than a layperson. When a trustee has special skills or claims to have them, the law requires the trustee to use those abilities while administering the trust.

Why California Courts Apply a Higher Standard

This higher standard protects beneficiaries from avoidable losses. A trustee cannot accept appointment because of professional qualifications and then administer the trust as if those qualifications do not matter.

As a result, courts expect more from trustees who claim expertise. They measure conduct against what a reasonably competent professional would have done under similar circumstances.

How This Issue Commonly Arises

In trust litigation matters handled by The Grossman Law Firm, this issue often surfaces after losses occur. By then, beneficiaries are left asking why the trustee failed to act competently in areas squarely within their expertise.

What Qualifies as "Special Skills" in Trust Administration

California statutes provide no express definition of “special skills.” Instead, courts look at the circumstances surrounding the trustee’s appointment.

Skills That Elevate the Standard of Care

Special skills typically include professional training, certifications, licenses, or substantial experience that go beyond what an ordinary person possesses. If the settlor relied on those qualifications when naming the trustee, those skills become part of the trustee’s legal standard of care.

Practical Examples

  • If a settlor chose an accountant as trustee to handle post-death tax matters, that trustee must apply accounting judgment to tax-sensitive decisions.

  • If a settlor selected an investment advisor to manage assets over time, that trustee must use their investment training to manage those assets appropriately.

In practice, courts focus less on labels and more on whether the trustee actually used the skills that justified their appointment.

Common Trustee Roles That Trigger Special-Skills Duties

Accountants Serving as Trustees

Accountants are often selected to handle trusts with complex tax obligations. In that role, the trustee is expected to apply accounting expertise, identify tax-sensitive decisions, and avoid preventable penalties or losses.

Investment Advisors as Trustees

Investment professionals are often named as trustees because the trust requires ongoing, informed asset management. When that happens, they are expected to actively apply their training in diversification, risk management, and asset allocation. Sitting back or making uninformed decisions can expose the trust to avoidable harm.

Business or Real Estate Professionals

Trustees with business or real estate experience are expected to competently manage operating entities, leases, valuations, or sales. Trustees expose themselves to liability when they ignore market conditions or delay necessary action.
When these duties are ignored, beneficiaries often turn to The Grossman Law Firm to determine whether the trustee’s conduct constitutes a breach.

When a Trustee’s Failure Becomes a Breach of Fiduciary Duty

A trustee breaches their fiduciary duty when they fail to act with the level of care and competence required under the circumstances. Breaching a fiduciary duty does not always mean dishonesty or self-dealing.

Common Red Flags Beneficiaries See:

  • Overstating professional experience when accepting the role
  • Failing to act on issues clearly within the trustee’s expertise
  • Delaying decisions that required specialized judgment
  • Improperly delegating responsibilities that should not have been delegated
  • Allowing losses that a reasonable professional care would have prevented
California courts focus on outcomes. A trustee cannot rely on good intentions to excuse avoidable harm.
If you suspect your trustee isn’t acting in your best interest, don’t wait. Explore 20 Ways Your Trustee May Be Breaching Their Fiduciary Duties to learn the most common warning signs and what you can do about them.

Legal Remedies Available to Beneficiaries

When a trustee causes harm by failing to use special skills, the court may:

  • Order repayment of losses

  • Reduce or deny compensation

  • Remove the trustee

Remedies the Court May Order

  • Surcharge: requiring the trustee to personally repay losses
  • Prejudgment interest: for the time beneficiaries were deprived of trust funds
  • Post-judgment interest: until the judgment is paid
  • Reduction or denial of trustee compensation
  • Removal of the trustee & appointing a successor
The Grossman Law Firm frequently evaluates these remedies while evidence is still available and meaningful court intervention remains possible. If you believe your inheritance is at risk, please contact an attorney specializing in trust and probate litigation. The Grossman Law firm has helped beneficiaries and heirs secure their inheritances for over 25 years.

FAQ

Does a trustee have to be perfect if they have special skills?
No. The law requires reasonable and competent use of those skills, not perfection.
What if the trustee claims they were never required to use their expertise?
Courts look at why the trustee was selected. A trustee cannot disclaim responsibility for skills that justified their appointment.
Do beneficiaries need to prove actual financial loss?
In most cases, yes. Remedies like surcharge are linked to measurable harm to the trust.

How The Grossman Law Firm Can Help

At The Grossman Law Firm, we help beneficiaries throughout California enforce their rights in probate and trust litigation. Attorney Scott Grossman focuses exclusively on holding trustees accountable when they fail to meet their fiduciary duties, including the duty to use special skills.
When a trustee was chosen for their expertise but failed to use it, early legal action often makes the difference.
If this situation sounds familiar, timing matters.
Call (888) 443-6590 or fill out our Get Help Now form to take the next step toward protecting your inheritance.
Our Intake Specialists can evaluate your case to assess your situation at no cost to you.
Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
July 13, 2022