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Attorneys for Trustees

At RMO, we provide comprehensive representation to trustees who are navigating the responsibilities, risks, and scrutiny that come with administering a trust. Trustees are often placed in difficult positions, balancing legal obligations, beneficiary expectations, and family dynamics, all while facing potential personal liability.

As experienced lawyers for trustees, the team at RMO is dedicated to serving trustees with strategic legal counsel designed to protect you, ensure compliance with fiduciary duties, and keep trust administration on track. Whether you need guidance with day to day administration, responding to beneficiary demands, or defending against claims or litigation, we help trustees act confidently, decisively, and in accordance with the trust and the law.

Our focus is on reducing risk, resolving disputes efficiently, and allowing trustees to fulfill their role without unnecessary exposure or prolonged conflict.

Comprehensive Representation for Trustees in Trust Administration & Litigation

As lawyers for trustees with decades of experience in trust administration and litigation, we represent individual trustees, professional private fiduciaries, and trust companies who are tasked with administering trusts under increasing legal, financial, and beneficiary scrutiny. We leverage our experience in trust litigation to assist trustees in carrying out their duties correctly, defensibly, and efficiently, while minimizing personal exposure and unnecessary conflict.

Trustees are often placed in challenging positions where every decision may be questioned. Whether in trust administration or litigation, our attorneys for trustees offer support in all the following areas, providing clear guidance and strategic protection at each stage of the process:

Investigating and responding to creditor claims while protecting trust assets and trustee liability
Preparing code-compliant accountings of trust transactions that withstand beneficiary and court review
Coordinating with tax professionals and other experts to ensure compliance and avoid downstream disputes
Determining distributions of assets to trust beneficiaries in accordance with trust terms and fiduciary obligations
Seeking judicial approval of trustee acts or omissions, where necessary, to reduce risk and provide court-backed authority
Navigating trust contests while preserving the integrity of the trust administration
Defending against breach of fiduciary duty claims with experienced, litigation-tested advocacy

We’re committed to achieving a favorable outcome for trustees, whether in navigating trust administration or defending against trust challenges and disputes. Our approach is proactive, strategic, and focused on resolution. Our attorneys have a proven track record of simplifying trust administration and securing positive results in cases that require litigation, allowing trustees to fulfill their role with confidence and clarity.

Legal Services for Trustees in California and Texas

As experienced lawyers for trustees, RMO Lawyers offer a full range of legal services for individual and professional trustees, empowering them to navigate the trust administration process confidently.

Trust Administration Guidance

Trust administration is a detailed and highly regulated process that places significant responsibility and potential liability on trustees. Every decision, distribution, and communication may later be scrutinized by beneficiaries or the court. Trustees have a fiduciary duty to administer trusts in strict accordance with the trust instrument and applicable law.

At RMO Lawyers, we provide trustees with comprehensive, proactive guidance designed to reduce risk, ensure compliance, and keep administration moving forward efficiently. From identifying and marshaling trust assets to overseeing investments, paying debts and taxes, and making distributions to beneficiaries, our attorneys work closely with trustees to ensure each step of the process is handled correctly, defensibly, and with proper documentation. Our goal is to help trustees fulfill their duties confidently while minimizing exposure to disputes or future claims.

Trust Dispute Representation

Trust disputes place trustees in challenging legal and personal positions, often subjecting their decisions to intense scrutiny. Disputes may arise from beneficiary dissatisfaction, misunderstandings regarding trust terms, or allegations of misconduct.

RMO Lawyers has a proven track record of representing trustees in resolving trust disputes efficiently and effectively. Whether a dispute involves allegations of breach of fiduciary duty, theft, undue influence, or misappropriation, our attorneys apply deep knowledge of trust law and litigation strategy to protect trustees’ interests, authority, and reputations while pursuing favorable resolutions.

Breach of Fiduciary Duty Defense

Allegations of breach of fiduciary duty are among the most serious claims a trustee can face, with potential exposure to personal liability and reputational harm. These claims often arise from disagreements over distributions, investments, or administrative decisions.

At RMO Lawyers, we provide trustees with strong, strategic defense against breach of fiduciary duty claims. Our attorneys conduct thorough factual investigations, analyze trust terms and governing law, and build clear, evidence-based defenses aimed at demonstrating compliance with fiduciary obligations and defeating unwarranted claims.

Theft and Misappropriation Claims

Claims of theft or misappropriation can arise even when a trustee has acted in good faith and within the scope of their authority. These allegations are often fueled by misunderstandings, incomplete information, or heightened family conflict.

RMO Lawyers represents trustees accused of theft or misappropriation with disciplined, strategic advocacy. We work to uncover the facts, clarify financial transactions, and refute unfounded allegations while protecting trustees’ rights, reputations, and positions of authority.

Undue Influence Allegations

Allegations of undue influence may arise when beneficiaries or other interested parties believe a trustee improperly influenced trust creation, amendments, or administration. These cases require careful factual analysis and a deep understanding of trust law standards.

RMO Lawyers provides trustees with experienced defense in undue influence matters, developing targeted strategies to challenge unsupported claims and protect the trustee’s integrity, authority, and decision making.

Trust Contest Defense

Trust contests can disrupt administration, expose trustees to litigation, and create prolonged uncertainty. Trustees defending against a trust contest must balance compliance with the law while protecting the settlor’s intent and their own role.

At RMO Lawyers, we represent trustees facing trust contests by conducting detailed investigations, gathering key evidence, and developing strong defense strategies. Our objective is to uphold the validity of the trust, protect the trustee from unfounded challenges, and ensure the settlor’s intentions are honored.

Trust Proceedings

Trust proceedings often place trustees in uncertain positions, particularly when petitions seek court intervention in trust administration or challenge trustee authority. These matters may include petitions for instructions, accountings, distribution determinations, or removal.

RMO Lawyers defends trustees facing such petitions and also files petitions on behalf of trustees when court guidance is necessary. Our attorneys analyze the legal and factual issues involved, prepare comprehensive filings, and advocate for outcomes that preserve trustee authority while ensuring proper administration of the trust.

Trust Accounting Objections

Trust accountings are a critical component of trustee responsibility and a frequent source of beneficiary scrutiny. Objections to accountings can question a trustee’s management, financial decisions, or transparency.

At RMO Lawyers, we represent trustees facing accounting objections by demonstrating compliance with fiduciary duties and the accuracy of financial reporting. Our goal is to resolve objections efficiently while protecting the trustee’s credibility and continuing administration without unnecessary disruption.

Financial Elder Abuse Accusations

Accusations of financial elder abuse are serious and can place trustees under immediate legal and reputational threat. These claims often arise in emotionally charged situations involving family conflict or declining capacity.

RMO Lawyers provides focused, thorough defense for trustees accused of financial elder abuse, whether the settlor is living or deceased. Our attorneys conduct detailed investigations, review financial records, interview witnesses, and engage qualified experts when appropriate. We work to demonstrate adherence to fiduciary duties, refute unjust allegations, and protect trustees from unwarranted liability while preserving the integrity of their role.

How RMO Supports Trustees in California and Texas

RMO supports trustees at every stage of the trust administration process by providing clear legal guidance, proactive risk management, and strong advocacy when disputes arise. Trustees operate under significant legal obligations and scrutiny, and even well-intentioned decisions can later be questioned. Our role is to help trustees act confidently, compliantly, and defensibly.

When disputes arise, we support trustees by conducting thorough factual investigations, reviewing trust instruments and financial records, analyzing exposure and leverage, and developing a strategic plan tailored to the specific circumstances of the matter. Our litigation experience allows us to anticipate challenges before they escalate and position trustees for the strongest possible outcome.

Whenever possible, we pursue efficient resolution through negotiation or mediation to reduce cost, disruption, and risk. If resolution cannot be achieved outside of court, our trial attorneys are fully prepared to advocate for trustees in litigation, protecting both their authority and reputation.

Why Choose RMO Lawyers as a Trustee

The trustee attorneys at RMO are dedicated to helping trustees navigate trust administration with confidence and resolve disputes efficiently and effectively. We understand the legal, financial, and reputational risks trustees face and tailor our approach to protect you while keeping the trust administration moving forward.

We take the time to understand the unique facts, pressures, and objectives of each case, allowing us to identify leverage early, avoid unnecessary conflict, and pursue resolution without delay. Our focus is not only on the immediate dispute, but also on safeguarding your role as trustee and preserving your credibility with beneficiaries, courts, and professionals involved in the trust.

With decades of experience in trust and estate law, RMO has built a reputation for delivering results for trustees across California and Texas. Many of our attorneys have been recognized by Super Lawyers, AVVO, Best Lawyers, and Martindale-Hubbell, reflecting the depth of our experience and the confidence clients place in our firm.

When you engage RMO as trustee counsel, you gain a focused legal team committed to protecting your interests, resolving disputes decisively, and helping you fulfill your duties with clarity and confidence.

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Frequently Asked Questions

Below are some of the most common questions we hear from clients seeking a lawyer for trustees.

Do You Need a Lawyer as a Trustee?

While you are not legally required to have a lawyer as a trustee, working with an attorney is generally strongly advised. Particularly if you are an individual trustee who has been newly appointed, legal counsel is highly recommended, as the role can be intimidating for those who have never served in the position before, and a lawyer can be a valuable partner in assisting with trust administration.

Even if you choose not to engage an attorney throughout the entire administration of the trust, an initial meeting with an experienced attorney for trustees can be beneficial for gaining a preliminary understanding of your responsibilities and obligations as you proceed in the process.

What Does an Attorney for Trustees Do?

An attorney for trustees provides many layers of support during trust administration and litigation, including offering legal advice to ensure responsible administration and promote compliance with legal and fiduciary duties. If a dispute arises, an attorney will defend the trustee and assist in navigating methods like mediation or trust litigation to seek a resolution in as little time as possible by providing support in reviewing the facts of the case, gathering evidence, and, if necessary, defending or arguing a case before the court.

Can You Administer a Trust Yourself?

Yes, you can technically administer a trust yourself if you have agreed to be a trustee. However, proper trust administration requires a deep understanding of the legal framework of trust law and the financial concepts involved in managing trust assets. Unless you have legal or financial experience, these subjects will likely be unfamiliar to you.

Many of the mistakes we see trustees make stem from their failing to fully comprehend their legal duties and the terms of the trust. In some situations, trustees can be removed or even held personally liable for their missteps. If you’ve been appointed as a trustee, the most effective way to ensure you fulfill your responsibilities properly is to seek guidance from a knowledgeable trust administration lawyer.

When Should a Trustee Hire a Lawyer?

Realistically, a trustee should consider hiring a lawyer as soon as they agree to take on the position of trustee to guide them through the complexities of administering a trust and avoid time-consuming or costly mistakes. If a professional trustee is confident in their ability to administer a straightforward trust, they should still consult a lawyer if they encounter complex legal questions, ambiguous trust terms, or a dispute during the process.

Whether it’s a beneficiary contesting a trust, disputing their share of an inheritance, or accusing the trustee of breaching their fiduciary duties, a lawyer can assist in navigating these disputes to seek a resolution sooner and avoid further disruptions to trust administration.

Can a Trustee be Personally Liable for Mistakes in Trust Management?

Yes, a trustee can be held personally liable for mistakes in trust management, potentially resulting in financial penalties, legal action against them, and even removal from their position. However, this liability typically arises from negligent or malicious actions, like breaching their fiduciary duties by mismanaging trust assets, making irresponsible trust transactions or investments, or failing to follow trust terms. Engaging the support of an attorney early can help trustees understand their responsibilities and avoid mistakes that lead to disputes and liability.

What are a Trustee’s Legal Responsibilities Under State Law?

While a trustee’s legal responsibilities may vary slightly from state to state, a trustee’s legal responsibilities typically include sending notice of the beginning of trust administration to beneficiaries and creditors, managing trust assets with rigid adherence to the trust document, resolving trust disputes and distributing trust assets to identified beneficiaries. In this process, a trustee must keep detailed records and maintain continuous communication with beneficiaries.

A trustee also has what is known as a fiduciary duty to the trust and its beneficiaries. This duty means that the trustee has an obligation to act in the best interests of the trust and its beneficiaries as they manage trust funds, property, and other assets. The trustee must reference the trust document and the settlor’s wishes to guide all actions during trust administration.

What Happens if a Trustee is Accused of Breaching Fiduciary Duty?

If a trustee is accused of breaching their fiduciary duty and these claims are founded, they could face liability for any damages or losses to the trust or even removal from their role. However, a trustee will have a chance to defend themselves, either through mediation, negotiation, or litigation. Having a clear and comprehensive trust accounting can help alleviate concerns of breach of trust. A trustee should engage an attorney as soon as possible to provide legal counsel throughout this process and protect the integrity of their professional role.

What is the Normal Fee for a Trustee?

Fees for trustees vary widely. Under California law, trustees are legally permitted to receive “reasonable compensation” for the services they tender, except when the trust provides different terms. Sometimes, the creator of a trust will provide explicit instructions in the trust instrument for how the trustee will be paid.

California Probate Code §15680 states that trustees are legally entitled to be paid according to the terms of the trust. The trust instrument may state that the trustee will be paid an hourly rate or a flat fee. Some trusts also allow the trustee to collect a specific percentage of the value of the trust property. If the trust document does not address trustee fees, California Probate Code §15681 is the default rule and allows the trustee to be paid reasonable compensation.

How Much Does it Cost to Hire an Attorney for Trustees?

The costs to hire an attorney for trustees vary depending on factors like the complexity of the trust, the attorney’s hourly rates, and the jurisdiction of the dispute. However, an attorney for trustees may cost several thousand dollars between the retainer and hourly fees for any work provided. For a more accurate assessment of attorneys’ fees, you should schedule a free consultation with an attorney to discuss the needs of your case and how they may be able to support.

Practice Areas

We have decades of experience getting results for trustees. As a trustee, you are tasked with significant legal responsibilities and face potential scrutiny from beneficiaries and the court. Our team will listen to you, investigate the issues you are facing, and develop a strategy aimed at accomplishing your objectives efficiently and cost-effectively, whether that’s through negotiated resolution, formal mediation, or trial, so you can continue administering the trust with confidence and reduced risk. Schedule a free consultation, or give us a call.

Trust Litigation

Trust litigation often places trustees in the center of disputes where their decisions, conduct, or authority are challenged. We represent trustees in cases involving disputes or contests that arise during the administration of a trust. Our attorneys provide legal counsel on a wide range of trust disputes, including trust contests, inheritance disputes, claims of breach of fiduciary duty, fiduciary misconduct and fraud, investment mismanagement, financial elder abuse, incapacity, and undue influence. Our focus is on protecting trustees, defending their actions, and ensuring the trust is administered according to its terms and the law.

Probate Estate Litigation

Trustees are frequently drawn into probate litigation when estate issues overlap with trust administration or when they are asked to serve in multiple fiduciary roles. While stepping into the role of “personal representative” can be overwhelming, trustees often face added complexity and heightened scrutiny. Our attorneys are committed to helping individual and institutional administrators, executors, and trustees fulfill all their duties efficiently and cost-effectively. We can assist in initiating the probate of a will, responding to will contests, navigating intestate succession, and resolving estate disputes, while protecting trustees from unnecessary exposure and delay.

Conservatorships

Trustees are often involved when concerns arise regarding a settlor’s or beneficiary’s capacity or financial safety. When a loved one is incapable of handling their affairs, whether financial or personal care, it may be time to consider a judicial conservatorship of the person or estate, especially where financial or elder abuse is suspected. Often, family members believe a power of attorney or healthcare directive is sufficient, but often, they are wrong. Sadly, even more often, the person holding those powers is the one engaging in abuse. We represent trustees seeking court oversight or defending against conservatorship actions that threaten trust administration or expose the trustee to risk.

Financial Elder Abuse

Trustees may face allegations of financial elder abuse or be required to respond when abuse is suspected within a family or trust structure. Financial elder abuse is one of the fastest-growing areas of law, affecting one of the most vulnerable sectors of our society. California’s elder abuse statutes provide enhanced protections to individuals age 65 and older who have been victimized by fraud or theft, most often by a trusted individual. We defend trustees against unfounded accusations and also represent trustees who must take action to protect an elder and preserve trust assets. We have successfully prosecuted and defended hundreds of financial elder abuse cases.

Trustee Case Results

RMO has a proven track record of protecting people and defending legacies.

Secured Family’s Business Legacy

Representing the successor family trustee, secured the generational family business for the decedent’s heirs by acquiring from a disgruntled beneficiary their interest in the family business on extremely favorable terms that will allow the family to continue operating the family business for future generations to come.

Defended Financial Elder Abuse Claim Against Surviving Spouse Trustee

Successfully defended a surviving spouse trustee against financial elder abuse and other claims made by family members who said she had fraudulently transferred assets to herself from her late husband’s trust and estate.

Prevented Trustee Removal for Badly-Lawyered Trust Accounting

Staved off suspension, removal and surcharge for a trustee who had failed to properly or timely provide court-ordered trust accountings to trust beneficiaries and was staring down an imminent deadline, as well as suspension, removal and surcharge.

Removed Trustee for Fraud

Neutralized and secured removal of a hostile co-trustee who was attempting to bilk our client’s trust of millions of dollars through a series of fabricated claims.

Removed and Surcharged Thieving Trustee

Secured removal of a thieving co-trustee daughter whose malfeasance left her own mother destitute and unable to pay her bills, including recovery of the stolen assets, attorney fees and costs.

Defended Sub-Trust Allocations

Client’s mother survived step-dad and succeeded him as trustee of their family trust. After mom passed, step-dad’s children alleged she had improperly allocated trust assets to favor her survivor’s trust, which went to our client, over the marital trust, which went to step-dad’s children. Using historic appraisals and valuations, demonstrated the disputed allocation was reasonable, resolving the dispute.

As a Trustee, Why Choose RMO Lawyers?

At RMO Lawyers, we prioritize client-centered advocacy, recognizing the unique challenges and concerns faced by trustees in estate and trust disputes. We never lose sight of who you are, your goals, and your bottom line. From your first call to RMO Lawyers, we will take the time to hear you, understand the family dynamics and personalities that drive your case, learn the facts, do the diligence, and construct a real-world strategy designed to drive your case to a better result sooner. You get a result that not only adds to your bottom line, but your peace of mind.

At RMO, our probate lawyers and trust litigation attorneys have the experience to effectively assist our clients, whether trustees, beneficiaries, heirs, creditors, or other interested parties. Many of our attorneys have been recognized by Super Lawyers, AVVO, Best Lawyers, and Martindale-Hubble as the best in Los Angeles, Pasadena, Orange County, San Diego, Fresno, the Bay Area, Dallas, and Houston.

From Our Blog

Insights and advice on estate executors and administrators from our blog.

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