Trust Adminstration

What Duties Does A Trustee Have?

The law says that in general the trustee must

  • Do what the trust document says as long as it is legal;
  • Do only things that are in the best interest  of the beneficiaries;
  • Not favor one beneficiary over another;
  • Avoid conflicts of interest with the beneficiaries;
  • Never use trust property or the trustee’s powers for personal benefit, unless the trust authorizes it;
  • Keep trust property separate from property owned by anyone else;
  • Not delegate to others anything they can reasonably do themselves (if the trustee must delegate some duties, s/he must supervise what the delegated person does);
  • Administer and invest the assets of the trust with reasonable care and skill to protect the trust and to accomplish the purposes of the trust as determined from the trust instrument;
  • Diversify investments unless under the circumstances it would not be prudent to do so;
  • Keep detailed records and give periodic reports and/or accountings to the beneficiaries as required by California law**;
  • Make proper determinations of what is income versus principal when the trust directs that they be distributed differently***;


**Probate Code § 16060 – 16069 and § 1060 – 1064
***Probate Code § 16320 – 16375

Lackenby at Law is able to provide trust administration services.  Trust Administration services are provided at an hourly rate.  If you are looking for assistance please feel free to contact the firm