Roseville, CA estate planning & probate attorney R. Keenan Davis talks about the role of a trustee in a trust. In the realm of contract law, the regulation of relations between individuals is established. If two parties engage in creating a contract, they are not compelled to disclose all the reasoning behind their decisions. However, when an individual assumes the role of a trustee, there emerges a duty to treat beneficiaries with utmost good faith and fair dealing—a standard recognized as the fiduciary duty. This duty is rooted in the principle of “do unto others as you would have them do unto you.”

The responsibilities of a trustee typically encompass three primary activities: gathering assets, paying liabilities, and making distributions. These fundamental tasks are inherent in every trust. Moreover, a trust may entail specific and intricate duties, such as the management of properties and assets, which can vary in duration and complexity based on the estate and the particulars of the trust. Nevertheless, the fiduciary duty of utmost good faith and fair dealing remains the foundational principle underlying all trustee responsibilities.