Are their loopholes to a CA trust release's prevention of legal action for a trustee's breach of fiduciary duties?

California Probate Code section 16464 specifically mentions that a release of a trustee's liability by a beneficiary is ineffective if the beneficiary was under an incapacity at the time of making the release or contract, where 1) the beneficiary did not know of his or her rights and of the material facts a) that the trustee knew or reasonably should have known and b) that the trustee did not reasonably believe that the beneficiary knew, 2) where the release or contract of the beneficiary was induced by improper conduct of the trustee, and/or 3) where the transaction involved a bargain with the trustee that was not fair and reasonable. It sounds like you executed the release and not your son (the beneficiary), but if you are able to act on his behalf for contracts, you can advocate the release is ineffective pursuant to this statute. As to trustee duties, trust terms dictate what a trustee can/cannot do, but if the trust is silent, statutory provisions fill in the gaps. As to behavior, CA Probate Code 16040 says a trustee shall administer the trust with reasonable care, skill, and caution under the circumstances then prevailing that a prudent person acting in a like capacity would use in the conduct of an enterprise of like character and with like aims to accomplish the purposes of the trust as determined from the trust instrument. As to investments, the trustee must adhere to the "prudent investor rule" with examples such as considering general economic conditions, tax consequences, the roles of each investment or course of action within an overall investment portfolio, and needs for liquidity/regularity of income/and preservation or appreciation of capital, and other factors (CA Probate Code 16047). There are many other duties given, but as one can see from these mentioned thus far, trustees serve in a very serious capacity. If the trustee has breached duties of care resulting in harm to the trust, CA Probate Code 16440 says the trustee is chargeable with any of the following that is appropriate under the circumstances: 1) any loss or depreciation in value of the trust estate resulting from the breach of trust, with interest 2) any profit made by the trustee through the breach of trust, with interest 3) any profit that would have accrued to the trust estate if the loss of profit is the result of the breach of trust What you can do: File a petition with the applicable court. You mention this is a CA trust, so CA Probate Code 17200 (12)--compelling redress of a breach of the trust by any available remedy--is applicable, along with 17201. You mention you are in New Mexico, however. Is the trust being administered in NM or CA? CA Probate Code section 17005 states that the proper county for commencement of a proceeding for a living trust is the county where the principal place of administration of the trust is located. However, you can petition to have the administration of a trust transferred (CA Probate Code 17401-17405). There are also notice requirements to satisfy per statutes. Either way, you will want to petition the court for redress as soon as practicable.