Breach of Trust

A breach of trust (or breach of “fiduciary duty” as it is commonly referred) is a violation by the trustee of any duty that the trustee owes a beneficiary. Prob C §16400. See Estate of Gump (1991) 1 CA4th 582, 595, 2 CR2d 269. Ordinarily, a trustee must be personally at fault to be liable for breach of trust. This fault requirement is satisfied when the trustee commits a breach of trust (1) in bad faith, (2) knowingly but in good faith, or (3) negligently. Negligence is the failure of the trustee to meet the applicable standard of care.

Trust litigation and probate litigation are conducted within the Probate Division of the Superior Court or Circuit Court of local jurisdiction. The Probate Division for Santa Clara County Superior Court is located at 191 N. First Street, San Jose, CA.

The Law Offices of Dawson G. Crawford can assist you with claims for breach of fiduciary duty in estates, trusts, or probate, in either Santa Clara County Superior Court, San Francisco County Superior Court, Hawaii’s Fifth Circuit Court (Kauai), or other Superior and Circuit Courts within California or Hawaii.