Active Protection, Not Passive Oversight
Being a trustee is not just about managing assets and distributing them to beneficiaries. It also means protecting the trust's legal interests. This statute makes that obligation explicit.
A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.
A.R.S. § 14-10811On the enforcement side, this could mean collecting debts owed to the trust, pursuing insurance claims, or taking legal action against someone who damaged trust property. If the trust is owed money or has a valid legal claim, the trustee cannot simply ignore it.
When the Trust Faces a Claim
On the defense side, the trustee must respond to lawsuits, creditor claims, or other legal challenges directed at the trust. Failing to respond could result in a default judgment that costs the trust, and the beneficiaries, significantly.
The standard is reasonableness, not perfection. A trustee does not have to pursue every possible claim regardless of cost. If the expense of litigation would outweigh the potential recovery, a prudent trustee might reasonably decide not to proceed. But the trustee must at least evaluate the situation and make an informed decision.
For families selecting a successor trustee, this duty highlights why the role requires someone who is willing to engage with difficult situations. A trustee who avoids conflict or ignores legal matters can put the entire trust at risk.
