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Who Can Be the Trustee of an Irrevocable Trust?

By August 7, 2025December 3rd, 2025No Comments

Who Can Be the Trustee of an Irrevocable Trust?

Table of Contents

Key Takeaways

Why Trustee Selection Matters

Best Practices for Choosing the Right Trustee

  • Integrity and Trustworthiness
  • Financial and Legal Competence
  • Availability and Accessibility
  • Objectivity and Impartiality
  • Long-Term Stability
  • Communication and Transparency
  • Succession Planning

When to Consider a Professional Trustee

What Happens When a Trustee Breaches Their Duties

Related Resources

FAQ

How The Grossman Law Firm Can Help

Key Takeaways

  • An irrevocable trust requires a trustee who is trustworthy, competent, and capable of long-term service.
  • You can appoint an individual or a professional trustee, such as a trust company or private fiduciary.
  • If a trustee breaches their fiduciary duties, beneficiaries may take legal action under California law.
  • The Grossman Law Firm helps California beneficiaries hold trustees accountable and resolve trust disputes.

Why Trustee Selection Matters

Choosing a trustee is one of the most important decisions involved in managing an irrevocable trust. The trustee must manage, protect, and eventually distribute the trust’s assets—sometimes over many years.

If you’re a beneficiary dealing with a trustee you didn’t choose—or one who is failing to uphold their duties—The Grossman Law Firm can help you understand your rights and take appropriate legal action if needed.

Best Practices for Choosing the Right Trustee

Integrity and Trustworthiness

Integrity is foundational. A trustee must act in the best interests of the beneficiaries and resist any temptation to self-deal or mismanage trust assets. If you’re concerned that your trustee lacks integrity, The Grossman Law Firm can help evaluate whether a breach has occurred.

Financial and Legal Competence

A trustee needs to understand the financial and legal responsibilities that come with the role. From filing taxes to making investment decisions, a lack of competence can cause serious harm to the trust and its beneficiaries. If you’re seeing poor decisions or missed deadlines, legal intervention may be appropriate.

Availability and Accessibility

A trustee who disappears, delays, or avoids communication is not doing the job properly. Trustees must be responsive and available to beneficiaries. The Grossman Law Firm regularly assists clients in holding absentee or unresponsive trustees accountable.

Objectivity and Impartiality

Trustees must be neutral. Favoring one beneficiary over another, or inserting personal bias into trust administration, violates their duty of impartiality. If you’re dealing with a biased trustee, we can help you enforce your rights.

Long-Term Stability

Irrevocable trusts may last for decades. That’s why the trustee should be someone who is likely to remain capable and available for the long haul—or have a successor already in place.

Communication and Transparency

A good trustee doesn’t hide the ball. Regular updates, access to trust records, and honest communication are all part of the job. If you’re not receiving that transparency, we can help compel proper reporting or take legal action if necessary.

Succession Planning

Even the best trustee can become unable to serve. Naming a successor trustee ensures continuity and protects the trust’s administration. If no successor is named or the succession process has broken down, the court may need to get involved. The Grossman Law Firm helps beneficiaries navigate successor trustee appointments and disputes.

When to Consider a Professional Trustee

In some situations, appointing a professional trustee—such as a private fiduciary or trust company—may be the best choice. This is especially true when the trust is complex or the beneficiaries do not get along.

Benefits of a Professional Trustee

  • Expertise: Professionals understand California trust law and fiduciary duties.
  • Objectivity: They avoid favoritism and act in the trust’s best interest.
  • Administrative Efficiency: They handle taxes, recordkeeping, and distributions accurately.
  • Continuity: Trust companies provide long-term service and built-in succession.
  • Accountability: They are regulated and subject to professional oversight.

If you’re unsure whether your professional trustee is fulfilling their responsibilities—or you’re a beneficiary who needs help addressing misconduct—The Grossman Law Firm can assist.

What Happens When a Trustee Breaches Their Duties

Trustees in California have a fiduciary duty to act with loyalty, care, and transparency. When they fail, beneficiaries have legal remedies. Common consequences of a trustee’s breach include:

  • Personal Liability: The trustee may be responsible for reimbursing losses to the trust.
  • Removal from Office: The court can remove the trustee and appoint a replacement.
  • Court-Ordered Damages: The trustee may face financial and non-financial penalties.
  • Litigation: Beneficiaries can file a petition for breach of trust and request formal court action.

At The Grossman Law Firm, we help beneficiaries throughout California enforce trustee accountability through trust litigation, surcharge actions, and petitions for removal. If you suspect your trustee isn’t acting in your best interest, don’t wait. Explore 20 Ways Your Trustee Can Be Breaching Their Fiduciary Duties to learn the most common warning signs, and what you can do about them.

Related Resources

FAQ

Can a family member serve as trustee of an irrevocable trust?

Yes, a family member can serve as trustee. However, they must still follow all fiduciary duties under California law. If they breach those duties, they may face legal consequences.

What if the trustee is mismanaging the trust?

You can file a petition with the probate court to seek removal or damages. The Grossman Law Firm can review your situation and determine whether a breach of duty has occurred.

Do I need a professional trustee?

Not always, but in complex or high-conflict trusts, a professional trustee may offer better neutrality and efficiency. If you’re dealing with a professional trustee and suspect misconduct, our firm can help.

How The Grossman Law Firm Can Help

At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation. Whether you’re dealing with a trustee who refuses to communicate, delays distributions, or mismanages trust assets, we can help you take the appropriate legal steps.

TGLF routinely assists clients with:

  • Trustee removal petitions
  • Demands for accounting and transparency
  • Litigation against negligent or dishonest trustees
  • Court approval of successor trustee appointments

Call (888) 443-6590 or fill out our Get Help Now form.

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.

Originally Published March 7, 2024