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By: Scott Grossman on February 5th, 2018

What to Do When You Disagree with the Co-Trustee of a California Trust


The Grossman Law Firm, APC · · (951) 523-8307

Serving as a co-trustee of a California trust may feel overwhelming when you are in disagreement with your fellow fiduciary. Co-trustees must be especially careful because they still owe an overriding duty to the beneficiaries of the trust. Fortunately, an experienced California trust attorney can help guide you.

What Should you do if you Disagree With the Co-trustee you are Working With?

  • First of all, contact an experienced Riverside trust administration lawyer for guidance. Be certain to give the attorney a copy of the trust instrument and any related documents.
  • Also, familiarize yourself with the terms of the trust instrument. Determine whether it dictates if you must act unanimously, if one trustee has greater power than another, and if one trustee has specific powers that the other does not have.
  • Furthermore, file a petition for instructions from the probate court if you disagree over a specific trustee decision.
  • Additionally, be aware that you can be held liable if your co-trustee breaches a duty. Therefore, if you suspect a breach is taking place, you should file a petition with the court.
  • Last but not least, if you are considering resigning from your role as co-trustee, do so carefully. If your resignation comes in anticipation of the other trustee breaching a duty, you could be considered in breach yourself.

In conclusion, it is important to understand your options as a co-trustee before taking action with regard to a trust.

Are you Still Confused on What Your Next Action Should be?

Finally, to learn more about the roles of co-trustees, or what you can do if you disagree with the co-trustee you are working with specifically in your case, contact an experienced Riverside trust attorney for guidance. Call our toll-free number today at (888) 443-6590 or fill our our quick online form. It would be our pleasure to further assist you.