Shifting to Neutral – The change in the courts view on Trustees Remaining unbiased in light of the Breslin v. Breslin and Zahnleuter v. Mueller

A trustee, even one that has no person interest in a trust, can no longer take a position that favors one potential beneficiary’s interest over another’s. In the wake of Breslin v. Breslin (2021) 62 Cal.App.5th 801, where the trustee avoided any liability through taking a neutral position, Zahnleuter v. Mueller (Filed February 9, 2023; Certified for Publication March 7, 2023) 88 Cal.App.5th 1294, has further spotlighted the importance of the trustee’s neutrality. Mark A. Lester and Eric A. Hirschberg will discuss the potential dangers and consequences for a trustee who advocates for one beneficiary’s interest over a different beneficial outcome, which, in turn, changes the financial dynamics previously overlooked in trust litigation.