Legal Question in Wills and Trusts in California

Is there case law that prohibits a trustee from breaching his fiduciary duty as a trustee for personal financial gain?


Asked on 5/31/12, 9:04 am

2 Answers from Attorneys

Michele Cusack Pollak & Cusack

Both statutory and case law prohibit a trustee from breaching his fiduciary duties for any reason, and certainly for his own benefit.

Read more
Answered on 5/31/12, 9:36 am
Kurt Seidler Law Offices of Kurt A. Seidler APC

It depends on what you are calling a breach- if a bank invests in its own stock, for example, and the stock does well, you would have to get expert testimony to the effect that the same dollars invested in another asset having the same or less degree of risk, would have done significantly better.

Read more
Answered on 5/31/12, 11:04 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California