A conservator, executor, and trustee are fiduciaries. That means they must act for the benefit of someone else—such as a conservatee, an estate, or trust beneficiaries—and they can be held personally responsible when they misuse assets, conceal information, or violate statutory duties. At Westlake Law Group, we represent beneficiaries, heirs, conservatees, co-fiduciaries, and families throughout Westlake Village, Thousand Oaks, Calabasas, Ventura County, and Los Angeles County in litigation involving breach of fiduciary duty, recovery of wrongfully taken assets, accountings, surcharge claims, and fiduciary removal proceedings.

Breach-of-duty cases frequently start with missing money, unexplained transfers, refusal to provide records, delayed distributions, questionable real estate transactions, or conflicts of interest. Early action matters because assets can be moved quickly, records can disappear, and statutory deadlines may apply.

To discuss a conservator, executor, or trustee breach of fiduciary duty matter, call (818) 444-2022 to schedule a confidential consultation.

What “Breach of Fiduciary Duty” Means

A fiduciary breach occurs when a conservator, executor (personal representative), or trustee fails to comply with legal duties, including duties of loyalty, prudent administration, accurate reporting, and proper use of authority.

For trustees, core duties and standards are in the California Probate Code, including:

Duty to administer the trust according to the trust instrument (Probate Code section 16000)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=16000

Duty of loyalty (Probate Code section 16002)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=16002.

Duty of impartiality among beneficiaries (Probate Code section 16003)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=16003

Duty of prudent administration (reasonable care, skill, and caution) (Probate Code section 16040)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=16040

For conservators, Probate Code section 2401 identifies the fiduciary character and responsibilities of conservators and guardians in performing their duties:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=2401

For executors/personal representatives, Probate Code section 9600 addresses estate management and the standard of ordinary care and diligence:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=9600

Who Can Bring a Fiduciary Breach Claim?

Depending on the proceeding, the person entitled to seek court relief may include:

  • Trust beneficiaries (including remainder beneficiaries in many contexts)
  • Heirs, beneficiaries, and interested persons in probate estates
  • Conservatees, proposed conservatees, relatives, or other statutorily recognized interested persons
  • Co-trustees or successor trustees investigating prior conduct
  • Co-executors or successor personal representatives investigating prior administration activity

The procedural vehicle depends on whether the dispute is in a trust proceeding, probate estate, or conservatorship.

Common Breach of Fiduciary Duty Allegations

Trustee misconduct allegations commonly include:

  • Self-dealing and conflicts of interest (taking opportunities or property for personal benefit)
  • Unexplained withdrawals or “reimbursements” without documentation
  • Failure to invest prudently or protect trust assets
  • Improper distributions that favor one beneficiary unfairly
  • Real estate sold below market value or with questionable credits/commissions
  • Refusal to provide information or accountings

Executor/personal representative misconduct allegations commonly include:

  • Acting without proper authority or ignoring court requirements
  • Paying the wrong people, paying too early, or failing to reserve for debts/taxes
  • Mishandling creditor claims and deadlines
  • Failure to safeguard estate assets or maintain insurance
  • Improper fees or reimbursements
  • Failure to account for sale proceeds, refunds, or recovered assets

Conservator misconduct allegations commonly include:

  • Using conservatorship funds for the conservator's benefit
  • Inadequate recordkeeping and unsupported expenditures
  • Failure to account to the court as required
  • Isolation of the conservatee, coercion, or misuse of decision-making authority
  • Transfers that do not appear to be in the conservatee's best interest

Accountings and Transparency as a Core Issue

Many fiduciary breach cases are accounting cases first. The ability to prove what happened is often determined by bank records, brokerage statements, escrow files, invoices, receipts, and correspondence.

Trust information and accounting duties include:

Duty to keep beneficiaries reasonably informed (Probate Code section 16060)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=16060

Duty to account in many situations (Probate Code section 16062)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=16062

Conservator accountings are also controlled by statutory requirements, including the timing of account filings (Probate Code section 2620):
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=2620.

When an accounting is missing or unreliable, litigation commonly focuses on compelled production of records and court-supervised review.

Court Remedies for Fiduciary Breach

California probate courts have broad authority to protect beneficiaries, heirs, and conservatees. Depending on the facts, court remedies may include:

Compelling a trustee to account or provide records (often brought under Probate Code section 17200)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=17200

Removing a trustee (Probate Code section 15642)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=15642

Breach of trust remedies (Probate Code section 16420)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=16420

Measure of trustee liability (surcharge concepts) (Probate Code section 16440)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=16440.

Executor/personal representative liability for breach of duty (Probate Code section 9601)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=9601

Recovery of property and “wrongful taking” petitions (Probate Code section 850)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=850.

Enhanced remedies may also apply in certain wrongful taking cases, including remedies addressed in Probate Code section 859:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=859.

In urgent cases, beneficiaries and interested persons may also seek interim relief (such as suspension of powers, restrictions on transfers, or appointment of a neutral fiduciary) to stop ongoing losses while evidence is preserved.

Warning Signs That Justify Immediate Review

Breach-of-duty cases often share common red flags:

  • Refusal to provide bank statements, ledgers, escrow documents, or receipts
  • Transfers to the fiduciary, the fiduciary's business, or close relatives
  • Loans “from the trust” or “from the estate” with unclear terms or missing notes
  • Large cash withdrawals or unexplained checks
  • Real estate transactions with missing closing statements or odd credits
  • Sudden changes to estate planning documents near end of life (often tied to undue influence claims)
  • Long delays with no written explanation of timeline, asset status, and next steps

Probate Court Procedure and Forms

Breach-of-duty litigation is typically handled in the Probate Division and is governed by the Probate Code and the California Rules of Court.

California Rules of Court:
https://www.courts.ca.gov/rules.htm

Judicial Council forms portal:
https://www.courts.ca.gov/forms.htm

Conservator, executor, and trustee breach claims often involve specialized petitions, notice rules, and evidentiary requirements. In contested matters, the recordkeeping quality and documentation of authority are central.

Ventura and Los Angeles County Proceedings

Westlake Law Group represents clients in fiduciary breach and trust-and-estate litigation in:

Ventura County Superior Court – Probate Division
https://ventura.courts.ca.gov/divisions/probate

Los Angeles County Superior Court – Probate Division
https://www.lacourt.ca.gov/courthouse/mode/division/probate

Representative Matters

While every case is unique, Westlake Law Group frequently assists clients with:

  • Compelling trust accountings and production of records
  • Investigating and challenging fiduciary reimbursements and compensation requests
  • Real estate sale disputes, including suspected undervaluation or insider transactions
  • Recovery of assets transferred out of the trust/estate/conservatorship without proper authority
  • Surcharge claims to recover losses and impose fiduciary financial responsibility
  • Removal or suspension of trustees, executors, and conservators where ongoing harm is alleged
  • Negotiated resolutions that restructure fiduciary control, require court-supervised reporting, and set enforceable distribution schedules

Frequently Asked Questions

What is the difference between a trustee breach and an executor breach?
A trustee administers a trust under the trust instrument and trust law. An executor/personal representative administers a probate estate under court supervision. Both are fiduciaries, but the governing authority and procedures differ. For example, trustee remedies commonly include Probate Code sections 16420 and 16440, while personal representative liability is addressed in section 9601.

Can the court remove a trustee?
Yes. Probate Code section 15642 addresses trustee removal procedures and grounds.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=15642

How do I force an accounting?
Depending on the case posture, beneficiaries often petition under Probate Code section 17200 to compel accounting and other relief.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=17200

What if assets were transferred out of the trust or estate improperly?
Probate Code section 850 is commonly used for petitions involving recovery of property and title disputes in probate/trust contexts.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=850.

Schedule a Confidential Consultation

Westlake Law Group serves clients in Westlake Village, Thousand Oaks, Agoura Hills, Calabasas, Camarillo, Simi Valley, Moorpark, and throughout Ventura County and Los Angeles County. From our office in Westlake Village, we provide strategic estate planning counsel and litigation representation tailored to California's legal framework.

If you need assistance with estate planning, probate or trust administration, estate and trust litigation, or conservatorship proceedings in Ventura County or Los Angeles County, call Westlake Law Group at (818) 444-2022. Our office is located at 30699 Russell Ranch Road, North Building, Suite 210, Westlake Village, California. Virtual consultations are available throughout Southern California.