Understanding the Trustee’s Duties: Enforcing, Defending, or Compromising Claims in California

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Trustees play a crucial role in managing and administering trusts, holding specific powers and responsibilities outlined in the California Probate Code (Probate Code Sections 16220-16249).

One of the critical aspects of a trustee’s role is knowing when to enforce, defend, or compromise claims. In this article, we explore the powers granted to trustees under the Probate Code and the circumstances under which trustees are obligated to take action on claims.

Powers Granted to Trustees:

The Probate Code provides an extensive list of powers entrusted to trustees, ranging from the collection and retention of trust property to the ability to enter into leases, make investments, and even defend legal actions. Sections 16220 to 16249 outline these powers, emphasizing the flexibility and discretion granted to trustees in managing trust affairs.

Duty to Enforce Claims:

A trustee’s duty to enforce claims arises when the trust holds a valid claim against a third party. This duty is grounded in the fiduciary responsibility to maximize the trust’s assets for the benefit of the beneficiaries. The trustee must act diligently, pursuing legal action or other means to recover assets or enforce obligations owed to the trust. Failure to do so may constitute a breach of fiduciary duty, subjecting the trustee to potential legal consequences.

The California Probate Code (Section 16000 et seq.) outlines the general standards for trustee conduct, emphasizing the duty to act prudently and in the best interests of the beneficiaries. When a trustee becomes aware of a viable claim, prompt action is required to protect the trust’s assets and the rights of its beneficiaries.

Duty to Defend Claims:

Conversely, trustees may find themselves in situations where the trust is a defendant or respondent in legal proceedings. Whether faced with a contested will, a dispute over trust provisions, or other litigation, the trustee’s duty to defend becomes paramount. This duty is closely tied to the obligation to protect the interests of the beneficiaries and the assets held in trust.

Trustees must engage in a careful analysis of the legal merits of any claim asserted against the trust. Seeking legal counsel to assess the validity of the claim and developing a strategic defense are crucial steps in fulfilling this duty. Failing to mount a proper defense could result in adverse outcomes for the trust and its beneficiaries.

Duty to Compromise Claims:

In some instances, it may be in the trust’s and its beneficiaries’ best interests for the trustee to consider a compromise. The duty to compromise claims requires the trustee to assess the costs, risks, and potential benefits of settling a dispute rather than pursuing lengthy and costly litigation.

Enforcing, Defending, or Compromising Claims:

Enforcing, Defending, or Compromising Claims

1. Claim Settlement (Probate Code Section 16242):

Trustees are granted the power to pay or contest any claim, settle claims through compromise, arbitration, or other means, and release trust claims, either in whole or in part. This power allows trustees to manage financial liabilities efficiently.

2. Legal Actions (Probate Code Section 16249):

Trustees are specifically empowered to initiate or respond to legal actions, claims, or proceedings aimed at safeguarding the trust property and the interests of the trustee in the performance of the trustee’s duties. This includes legal actions aimed at safeguarding the trust against potential threats.

3. Claim Payments (Probate Code Section 16243):

Trustees have the authority to settle taxes, assessments, reasonable compensation, and additional expenses accrued during the collection, care, administration, and protection of the trust. This includes payments related to legal claims against the trust.

Understanding Trustee Obligations:

While the Probate Code grants trustees significant discretion in managing trust affairs, their decisions must align with their fiduciary duties. Trustees are obligated to act in the best interests of the beneficiaries and to administer the trust prudently. Here are key considerations for trustees when faced with claims:

1. Prudent Decision-Making:

Trustees must exercise reasonable care, skill, and caution when deciding whether to enforce, defend, or compromise a claim. This involves a thorough assessment of the potential risks, costs, and benefits associated with each course of action.

2. Beneficiary Communication:

Keeping beneficiaries informed about the status of claims and the trustee’s decisions is essential. Open communication helps build trust and ensures transparency in the administration of the trust.

3. Legal Guidance:

Trustees may seek legal advice to navigate complex legal matters, especially when faced with contested claims or potential litigation. Legal professionals can provide valuable insights to help trustees make informed decisions.

OC Trial Group: Your Legal Partner in Trust Matters

When faced with the complexities of trust administration and the decision-making process surrounding claims, trustees often find solace in partnering with legal experts experienced in trust and estate law. One such reputable firm that trustees can turn to is OC Trial Group.

Expertise in Trust and Probate Law:

OC Trial Group boasts a team of seasoned attorneys with extensive experience in trust and probate law. Their expertise covers various legal aspects, including claim resolution, litigation, and trust and estate administration. Trustees can rely on OC Trial Group for sound legal counsel that aligns with the nuances of the California Probate Code.

Strategic Guidance for Trustees:

Navigating the intricacies of enforcing, defending, or compromising claims requires a strategic approach. OC Trial Group collaborates closely with trustees to understand the unique circumstances of each trust and provides tailored legal strategies. This partnership ensures that trustees can make informed decisions that uphold their fiduciary duties while safeguarding the interests of the trust and beneficiaries.

Transparent Communication and Client-Centric Approach:

OC Trial Group prioritizes transparent communication with clients, including clients who serve as trustees managing trusts. Their client-centric approach involves keeping trustees informed at every step of the legal process. This commitment to communication fosters a collaborative environment, allowing trustees to make decisions with confidence and clarity.


The powers granted to trustees under the California Probate Code provide a robust framework for managing trusts effectively. Trustees must carefully balance their discretionary powers with their fiduciary duties when enforcing, defending, or compromising claims. By making prudent decisions, communicating effectively with beneficiaries, and seeking legal guidance when necessary, trustees can fulfill their obligations and protect the interests of the trust and its beneficiaries.
OC Trial Group is a reliable legal partner for trustees navigating the intricate landscape of trust administration. Their proficiency in trust and probate law, strategic guidance, and commitment to transparent communication make them a valuable resource for trustees seeking to fulfill their duties diligently. For experienced legal support in trust matters, contact the OC Trial Group, a dedicated firm with a proven track record in trust and probate law.

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About the AuthorBlaine M. Brown

Blaine M. Brown is a co-founder of the OC Trial Group and acts as one of their primary trial attorneys. Mr. Brown is a highly awarded and reviewed trial attorney.