§ 16402
174 words·~1 min read·
/ca/probate-code/16402A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Except as provided in subdivision (b), a trustee is not liable to the beneficiary for a breach of trust committed by a cotrustee.
(b)A trustee is liable to the beneficiary for a breach committed by a cotrustee under any of the following circumstances:
(1)Where the trustee participates in a breach of trust committed by the cotrustee.
(2)Where the trustee improperly delegates the administration of the trust to the cotrustee.
(3)Where the trustee approves, knowingly acquiesces in, or conceals a breach of trust committed by the cotrustee.
(4)Where the trustee negligently enables the cotrustee to commit a breach of trust.
(5)Where the trustee neglects to take reasonable steps to compel the cotrustee to redress a breach of trust in a case where the trustee knows or has information from which the trustee reasonably should have known of the breach.
(c)The liability of a trustee for acts or omissions of a cotrustee that occurred before July 1, 1987, is governed by prior law and not by this section.