A trustee is personally liable for obligations arising from ownership or control of trust property only if the trustee is personally at fault. 18002. A trustee is personally liable for torts committed in the course of administration of the trust only if the trustee is personally at fault.
In order for the beneficiary to hold the trustee accountable, the beneficiary must have information about what the trustee is required to do and what the trustee actually does. Thus, the trustee has a duty to account and to inform.
Trustees are personally liable for all decisions they take in that capacity, and their liability is not automatically limited to the value of the trust fund.
Under California law, embezzling trust funds or property valued at $950 or less is a misdemeanor offense and is punishable by up to 6 months in county jail. If a trustee embezzles more than $950 from the trust, they can be charged with felony embezzlement, which carries a sentence of up to 3 years in jail.
The fiduciary duty in California represents the highest legal duty possible, and the consequences for violations can be proportionate. For example, in more severe cases, if the court convicts a trustee of a criminal offense, the trustee can even face jail time.
If accountings suggest the trustee could potentially have mismanaged, misused or misappropriated trust assets, trust beneficiaries may be entitled to not only challenge those accountings in court, but to suspend or remove and surcharge the trustee as well.
In general, creditors cannot access assets in certain types of trusts, like irrevocable trusts, because the trustor no longer owns them. However, if the trust remains revocable, creditors may claim the assets.
A trustee can end up having to pay taxes out of their own personal funds if they fail to take action on behalf of the estate in a timely way. Of course, they can also face criminal liability for such crimes as taking money out of a trust to pay for their own kids' college tuition.
A trustee limitation of liability clause:
limits liability to the extent of the trust assets, and more particularly to the extent that a liability “can be satisfied out of the assets of the Trust”. It should be noted that there is no need for the limitation of liability clause to refer to the right of indemnity.
If the trustee is not paying beneficiaries accurately or on time, legal action can be taken against them.
Serving as the trustee of a trust instills a person with significant power. They have access to all the trust assets, but with a catch: They can only use those assets to carry out the instructions of the trust.
Depending on the complexity of the case, it may cost anywhere from a few thousand dollars to $100,000 or more to dispute the terms of a trust.
A trustee must abide by the trust document and the California Probate Code. They are prohibited from using trust assets for personal gain and must act in the best interest of the beneficiaries. Trust assets are meant for the benefit of the trust beneficiaries and not for the personal use of the trustee.
Trustees must follow the terms of the trust and are accountable to the beneficiaries for their actions. They may be held personally liable if they: Are found to be self-dealing, or using trust assets for their own benefit.
A living trust does not protect your assets from a lawsuit. Living trusts are revocable, meaning you remain in control of the assets and you are the legal owner until your death. Because you legally still own these assets, someone who wins a verdict against you can likely gain access to these assets.
In California, trustees may face personal liability in litigation, which can result in their replacement, civil damages, restitution, fines, and, in some cases, personal liability. This personal liability typically arises when trustees breach their fiduciary duties or act negligently.
Trustees may also misuse trust property for personal gain, such as using trust assets for personal expenses or investments, or embezzling these assets. This type of misuse is considered theft as it diverts trust resources for personal benefit, a clear violation of the trustee's fiduciary responsibilities.
This is a fundamental concept of trust law: the separation of legal and equitable title. In other words, while the trustee has the legal authority to manage and control the assets, they do so not for their own benefit, but for the beneficiaries.
Who is Liable for Trust Debts? To begin, trustees are not personally responsible for the debts of a trust such as a mortgage on a trust property, outstanding loan from a promissory note or even medical and utility bills. You, as trustee, do not have to pay these bills personally.
An irrevocable trust offers your assets the most protection from creditors and lawsuits. Assets in an irrevocable trust aren't considered personal property. This means they're not included when the IRS values your estate to determine if taxes are owed.
But generally, the trustee is entitled to use trust funds to pay for things like: Funeral and burial expenses for yourself or a trust beneficiary. Expenses related to properties included in the trust, such as repairs or property insurance. Repaying any debts owed by your estate when you pass away.
Beneficiary abuse is not acceptable in California's trust and will cases. Being appointed as a trustee or executor of a will is a big responsibility. However, some trustees and executors in California exploit this position, unsuspecting unassuming beneficiaries.
Generally, assets in a revocable trust, including houses, should be distributed or sold within 12-18 months.
If a trustee has violated their fiduciary duties or poses a threat to the trust in some other way, it may be possible to suspend or remove them without their consent, but their alleged violations will need to be laid out in a trustee removal petition, which you file with the court.