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You Are Unique &
So Is Your Family
Your Living Trust Should Be
As Special As You Are

Trust Administration Attorneys in Pleasanton Ensuring You Understand Your Rights and Fiduciary Responsibilities When Managing a Trust

A trust is a private, third-party agreement that protects a person’s finances, assets, guardianship, and medical decisions. As a trustee, accepting the role of managing a trust administration includes specific fiduciary responsibilities related to the duty of care, loyalty, good faith, and confidentiality of the decedent and beneficiaries of the trust.

It’s important to know your rights, state rules, and protocol when stepping into the trustee position—a task our Pleasanton trust administration lawyers can help with to prevent internal family turmoil and legal trouble, such as a potential lawsuit.

Trustees must always follow the terms of the trust and are personally accountable for how the trust is managed, according to the written agreement and wishes of the decedent. Decarli Law can help you translate the legal contract, work through any disputes, and provide representation should your actions be questioned.

Prevent any legal issues and contact Decarli Law today to answer your trust-related questions or resolve any trust administration issues. Call: 925-568-2350.

What Does Fiduciary Mean?

A fiduciary is a person or professional organization that acts on behalf of another person, always keeping their best interests in mind.

In the instance of a trust, the decedent—or owner of the trust—assigns a person to manage the trust administration on their behalf when they can no longer. A trust kicks in if a person becomes incapacitated or in death.

The trustee has fiduciary duties to uphold when executing and managing the trust as outlined in the original legal agreement. With the position, a trustee with fiduciary duties must administer the trust as intended, act reasonably, make conservative decisions, communicate with all beneficiaries, and ensure all functions are taken care of properly.

Can My Trustee Responsibilities Be Revoked?

We can’t emphasize the importance of following your trustee responsibilities as outlined and in compliance with state law. There are implications if a trustee negligently manages a trust, and their responsibilities can be revoked if there are grounds to do so.

If a beneficiary or beneficiaries feel the trustee is mismanaging the trust, they can petition the court to review the trustee’s actions and decisions. The court has the power to remove a trustee if there is enough evidence of negligent behavior. This is considered discharge, and the other way to remove a trustee is in the event of their death.

There are many reasons a beneficiary might desire the removal of a trustee,including poor trust performance, mismanagement or lack of management, reckless decision-making, or the influence of personal decisions.

Are Trustees Personally Liable?

Trustees are personally liable for any losses sustained by the trust due to negligent behavior and if they are found in breach of their fiduciary duties. Acting as a fiduciary is the highest legal obligation, and if a trustee decides to make poor decisions for their gains, they could face severe legal penalties.

Beneficiaries can pursue a lawsuit if they believe a trustee is failing to manage the property, is paying taxes late, is showing preferential treatment to a beneficiary, is stealing or embezzling funds, or avoiding conflicts of interest, among other things.

If convicted of these crimes, a trustee can be forced to pay damages, court costs, and attorney fees, and in other, more severe cases—if the case goes to criminal court—a trustee can face jail time. Under California law, a trustee that steals assets worth $950 or less might result in misdemeanor charges. In contrast, anything above $950 could result in up to three years in jail and felony charges.

Can a Trust Lawyer Help Me Avoid a Lawsuit?

The more knowledge you have regarding your trustee responsibilities ahead of time, the better equipped you are to avoid a lawsuit or litigation. Assuming the role of trustee is the best time to consult a trust administration lawyer like Decarli Law—before a costly problem occurs.

We can help you prepare for your role and represent you if you are being sued or accused of misconduct.

From education to trust administration management to legal representation, Decarli Law can help you seamlessly manage a trust and save hundreds—sometimes thousands of dollars—as fiduciary duties can be complex, time-sensitive, and delicate.

Be proactive and consult our Californian estate lawyers with Decarli Law today. Call us for a consultation: at 925-568-2350.

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    Testimonials

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    Kim Garcia profile picture
    Kim Garcia
    15 August 2026
    Google star 1Google star 2Google star 3Google star 4Google star 5
    DeCarli Law was efficient, thorough, and very helpful in helping us get our trust(s) in order. Highly recommend them.
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    Helene Wecker profile picture
    Helene Wecker
    14 April 2026
    Google star 1Google star 2Google star 3Google star 4Google star 5
    We were so happy with our experience at DeCarli Law! The team walked us through the will and estate process and made certain we understood every step. Highly recommend them!
    Posted on Google Google
    Ken rodriguez profile picture
    Ken rodriguez
    21 March 2026
    Google star 1Google star 2Google star 3Google star 4Google star 5
    We would highly recommend DiCarli Law to anyone seeking to create an estate plan or for any estate planning advice. Bob and Debra are very friendly, helpful and knowledgeable. Our finished product is beautifully organized and easy to reference.
    Posted on Google Google
    Nancy Whipple profile picture
    Nancy Whipple
    26 February 2026
    Google star 1Google star 2Google star 3Google star 4Google star 5
    Prior to having surgery, I wanted to ensure that all my legal documents (including my trust) were up-to-date and valid. I had a short timeframe and Debra was able to accommodate me. I am so pleased with the entire interaction. My initial interview was a phone one with Bob. He was patient and insured that I understood all of the information they were requesting and the reason for it. My first meeting with Debra was insightful. She was able to identify issues and clearly explain to me the impact. She was able to get everything straightened out for me, and all of the documents signed and notarized in one place. In addition, the firm is taking care of putting my Home into the trust through the county assessor office. I have additional legal work which I need to have done once I have recovered from my surgery and I will definitely be returning to DeCarli Law. I have also recommended them to family and friends.
    Posted on Google Google
    Sylvia Wood profile picture
    Sylvia Wood
    17 January 2026
    Google star 1Google star 2Google star 3Google star 4Google star 5
    DeCarli Law is clearly deserving of its 5.0 reviews. Debra was warm, engaging, and knowledgeable, and we appreciated her patience and thoroughness in guiding us through the complex process of setting up an estate plan. We enjoyed each meeting with Debra and achieving that "peace of mind" with a living trust for our children. Seek no further for the "perfect" estate planning firm.
    
    
    
    
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