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Understanding Breach of Fiduciary Duty in Trust Litigation

Is your trustee refusing to give you straight answers? Do things feel off with the way a trust is being handled—but you’re not sure what to do next? Are you worried someone in the family isn’t acting in good faith?

If something about the trust doesn’t sit right with you, you’re not alone. Many people find themselves in your shoes—wondering if they’re being treated fairly, unsure how to get the inheritance they were promised, and not looking to “fight,” but to make sure things are done right.

At Peck Firm PC, we help beneficiaries make sense of complicated trust issues—especially when it comes to breach of fiduciary duty. Here’s what that means, how to spot it, and what you can do about it.

What Is Trust Litigation?

Trust litigation comes up when there’s a disagreement about how a trust is being managed or distributed. These are often high-stakes matters involving family money, personal relationships, and long-term legacies. If you’re a beneficiary and believe the trustee isn’t doing their job properly, you may have legal grounds to take action.

What Is a Breach of Fiduciary Duty?

A trustee has a legal duty—called a fiduciary duty—to act in the best interests of the trust’s beneficiaries. That means managing the assets responsibly, keeping everyone informed, and not using the trust for personal gain. A breach happens when the trustee:

• Uses trust funds for themselves
• Plays favorites between beneficiaries
• Delays distributions without a good reason
• Hides information or won’t provide accounting
• Mismanages trust assets (like selling property too low or failing to invest properly)

Even if it doesn’t seem like outright theft, some behavior still crosses the line. The key question is: Is the trustee putting your interests first, or their own?

What Should You Do If You Suspect a Breach?

You don’t have to figure this out alone. If you’re worried something’s not right, talk to an attorney who focuses on trust litigation. At Peck Firm PC, we’ll walk you through what’s happening, explain your options, and let you know if legal action makes sense.

We won’t push you into a fight you don’t want—but we will step in and act when the situation calls for it. Whether that means negotiating a solution or going to court, you’ll know exactly what’s happening every step of the way.

Why Work With Peck Firm PC in San Diego?

This isn’t just legal paperwork—it’s your future. We focus on:

• Clear legal strategy so you know what to expect
• Direct communication (you’ll work with attorney Robert Peck personally, not get passed off to associates)
• Practical, results-driven representation

We’ve helped people across San Diego resolve trust disputes and recover what they’re entitled to—without the drama, confusion, or delay that so often surrounds these cases.

“I Don’t Want to Stir Things Up”

We get it. You’re not looking to start a family war—you just want things handled fairly and according to the trust’s terms. Maybe the trustee is dragging their feet, keeping you in the dark, or making choices that don’t sit right with you.

That hesitation to act is completely normal. But here’s the truth: you don’t have to wait until the damage is done.

Early action—asking questions, getting legal clarity, and setting expectations—can often prevent things from escalating. You’re not being difficult. You’re protecting what’s yours and making sure the trust is being managed the way it’s supposed to be.

If something feels off, trust that instinct. We’re here to listen and help you figure out the next best step.

Ready to Talk to a San Diego, CA Trust Litigation Lawyer?

If you’re dealing with trust issues and think a trustee may have crossed the line, let’s talk. Your first consultation is free, and there’s no pressure. We’ll just walk through what’s happening and see if we can help. Contact Peck Firm PC today to speak with Robert Peck and get clear guidance on what to do next.