A loved one left you something — and the trustee isn’t delivering. Maybe they won’t share information. Maybe they’re delaying distributions. Maybe you suspect they’re using trust assets for themselves. Whatever the situation, you have legal rights — and I’ll fight to enforce them.
Your Rights as a Beneficiary in California
California law gives beneficiaries specific, enforceable rights:
- Right to information: You’re entitled to receive a copy of the trust document and any amendments that affect your interest (Probate Code §16060.7).
- Right to accounting: You can demand a detailed accounting of all trust transactions — income, expenses, distributions, and asset values (Probate Code §16062).
- Right to timely distribution: The trustee must distribute assets according to the trust’s terms within a reasonable time. Unreasonable delays are actionable.
- Right to petition for trustee removal: If the trustee is breaching their duties, you can petition the court to remove and replace them (Probate Code §15642).
- Right to fair dealing: The trustee owes you a fiduciary duty — every decision must be made in your best interest, not theirs.
Common Violations by Trustees
Withholding Information
Some trustees refuse to share the trust document, provide accountings, or communicate about the administration. This is a violation of California law. Beneficiaries don’t need to wait — a petition to compel disclosure can be filed immediately.
Self-Dealing
Trustees who use trust assets for personal benefit — living in trust property rent-free, borrowing from trust accounts, or paying themselves excessive fees — are breaching their fiduciary duty. Self-dealing is one of the most serious trust violations.
Delayed Distributions
Some trustees hold assets far longer than necessary — sometimes to maintain control, sometimes out of negligence, sometimes to benefit financially from the delay. Beneficiaries can petition the court to compel distribution.
Mismanagement
Poor investment decisions, failure to maintain property, failure to pay taxes or debts — any mismanagement that reduces the value of trust assets can be grounds for removal and surcharge.
Legal Remedies Available
- Petition to compel accounting — Force the trustee to provide a detailed report of all trust transactions.
- Petition for trustee removal — Replace a trustee who is breaching their duties with a neutral successor.
- Surcharge action — Hold the trustee personally liable for losses caused by their mismanagement or breach of duty.
- Petition for distribution — Compel the trustee to distribute assets according to the trust terms.
- Injunctive relief — Freeze trust assets to prevent further dissipation while the dispute is resolved.