A California co-trustee dispute can slow down even a well-drafted trust administration. Parents sometimes name two adult children, siblings, or trusted advisors to serve together because it seems fair or balanced. After death or incapacity, however, shared authority can become difficult if the trustees disagree about investments, real estate, distributions, records, or whether to hire professional help.

Co-trustees are not simply informal helpers. When they accept the role, they each have fiduciary responsibilities tied to the trust instrument and California trust law. Unless the trust says otherwise, certain powers held by multiple trustees may require unanimous action, which means disagreement can prevent ordinary administration from moving forward.

A California co-trustee dispute often begins with practical friction. One trustee may live nearby and handle daily tasks, while the other wants more information before approving decisions. One may want to sell a house quickly, while the other believes repairs, appraisals, or market timing should be considered first. These differences do not always mean misconduct has occurred, but they can create risk if bills, tax matters, insurance, or beneficiary communications are neglected.

Each trustee should usually stay engaged rather than leaving all decisions to the other fiduciary. A co-trustee who does nothing may still face questions later if trust property is mishandled or a breach could have been prevented. At the same time, a trustee who acts alone without authority may create a different problem, especially if the decision affects major assets or beneficiary rights.

Beneficiaries in Ventura County and throughout California may become concerned when trustee deadlock delays distributions or makes the administration unclear. The trust document should be reviewed first, because it may contain tie-breaking language, a delegation provision, a resignation process, or instructions about how decisions are made. If the document is silent or unclear, court instructions for trustees may become part of the discussion.

Not every disagreement requires litigation. Some issues can be addressed through better records, written proposals, neutral appraisals, professional accounting support, or a voluntary change in who serves. But if a deadlock threatens trust property, prevents required action, or involves accusations of self-dealing, removal of a co-trustee or a court petition may need to be evaluated.

This article provides general information, not legal advice. Helpful educational resources:

• https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=15620
• https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?article=1&chapter=1&division=9&lawCode=PROB&part=4
• https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=17200

Key takeaways

• Co-trustees should review the trust before assuming one person can act alone.
• A California co-trustee dispute can involve both decision-making authority and fiduciary duty.
• Court involvement may be considered when deadlock threatens administration or trust property.

Westlake Law Group assists clients with trust administration, probate, fiduciary disputes, and court proceedings involving trustee authority. Call Westlake Law Group at (818) 444-2022. 30699 Russell Ranch Road, North Building, Suite 210, Westlake Village, California. Virtual consultations are available throughout Southern California.