California Codes

Cal. Probate Code § 16249 (2026)

✓ current as of May 2026

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The trustee has the power to prosecute or defend actions, claims, or proceedings for the protection of trust property and of the trustee in the performance of the trustee’s duties.

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1994–2023 · leading case: Aulisio v. Bancroft, 230 Cal. App. 4th 1516 (Cal. Ct. App. 2014).

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Aulisio v. Bancroft, 230 Cal. App. 4th 1516 (Cal. Ct. App. 2014). · cites it 3× “3d 783, 787 ; Prob. Code, § 16249 [trustee empowered “to prosecute or defend actions, claims, or proceedings for the protection of trust property”].”

Fiduciary Trust Int'l of California v. Klein, 9 Cal. App. 5th 1184 (Cal. Ct. App. 2017). · cites it 2× “” (Prob. Code, § 16249.) Further, if, as here, the trustee resigns or is removed, the trustee ‘“has the powers reasonably necessary under the circumstances to preserve the trust property,” including the trust’s legal files, ‘“until it is delivered to the successor trustee and to…”

Michael Cobb v. City of Stockton, 909 F.3d 1256 (9th Cir. 2018). “1997) (quoting Cal. Prob. Code § 16249 ). In such actions, “the trustee, rather than the trust, is the real party in interest.”

Pillsbury v. Karmgard, 22 Cal. App. 4th 743 (Cal. Ct. App. 1994). “” Probate Code section 16249 at relevant times provided: “The trustee has the power to prosecute or defend actions, claims, or proceedings for the protection of trust property and of the trustee in the performance of the trustee’s duties.”

Harry Krause v. Dennis Book, 714 F. App'x 652 (9th Cir. 2017). “See Cal. Prob. Code § 16249 . To the extent Krause raises this argument not as a trustee, but as a beneficiary, his argument fails because he could have brought suit against “third parties who are alleged to have committed torts against the trust,” including an attorney who…”

Bye v. Mula CA6 (Cal. Ct. App. 2023). “” (Prob. Code, § 16249.) “The trustee has the power to hire persons, including .”

Nelson v. Gordon (N.D. Cal. 2022). “12, 2021); Cal. Prob. Code § 16249 (trustees have “the power to 4 prosecute or defend actions, claims, or proceedings for the protection of trust property and of the 5 trustee in the performance of the trustee’s duties”); Cal.”

George v. Gandolfo Excavating, Inc. CA1/5 (Cal. Ct. App. 2015). “” (Prob. Code, § 16249.)3 When Patterson died, George became the successor trustee with standing to sue for damage to the Property.”

Nassirzadeh v. Williams CA2/2 (Cal. Ct. App. 2015). “) The record does not disclose whether Williams’s successor delegated the responsibility of pursuing plaintiff to Williams. If so, the attempted delegation fails because the current trustee is the person authorized to sue.”

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