How One Beneficiary Protected His Rights and Recovered His Inheritance

When a parent dies, families often assume the estate will be handled fairly and according to plan. But when communication stops, and key information is withheld. When a trustee is withholding inheritance in California, it’s not always clear what steps to take—or even whether anything can be done.

At The Grossman Law Firm, we’ve helped many Californians in need of protecting their inheritance. This real California case study shows how one person regained control of the situation after seeking legal assistance from TGLF and how we helped him recover what was rightfully his.

The Background

Michael’s mother passed away three years ago, leaving behind a trust that held seven properties across Southern California. Her older son, John, was named trustee. Michael, her younger son, was one of the beneficiaries.

At first, Michael accepted John’s reassurances:

• That everything was being handled appropriately
• That distribution would occur after the final steps were completed

But over time, signs of trouble emerged:

• The trustee did not hire a trust administration attorney
• The trustee never provided a copy of the trust or gave notice of where the trust was being administered
• Two trust properties were sold without distribution
• Trustee’s communication grew increasingly infrequent
• When pressed, the Trustee gave vague or evasive answers

Three years later, Michael had still not received a copy of the trust, any financial accounting, or details about when distribution would happen. Communication regarding the trust during this time was infrequent. When Michael did hear from his brother, the responses were vague and evasive. Feeling concerned and increasingly suspicious, Michael contacted The Grossman Law Firm.

Michael’s situation is a textbook example of what we call a Trust Litigation (TLIT) Collections case. The trustee was breaching fiduciary duties by withholding distributions, failing to provide a copy of the trust, and ignoring basic legal obligations. For people like Michael, who are entitled to an inheritance but receive silence or evasions instead, these are often actionable and collectible cases. 

Legal Approach and Strategy to Withholding Inheritance in California

Our team quickly identified several legal red flags. 

• First, under California law, trustees are required to provide a copy of the trust to beneficiaries when the settlors’ deaths make the trust irrevocable. John had failed to do this. 
• Second, trustees are legally required to provide regular accounting, especially when trust assets are sold. John had provided no accounting.
• Finally, there was no indication that John intended to distribute assets anytime soon.

The Grossman Law Firm filed a petition in probate court requesting three things: 

• A court order compelling John to provide a copy of the trust and a complete accounting of the trust assets. 
• Filing a petition for surcharge 
• And double damages under Probate Code Section 859, which allows courts to penalize trustees who act in bad faith.

As part of the litigation, The Grossman Law Firm obtained subpoenas for relevant documents and gathered financial records. The evidence showed clear misconduct. The Trustee John had withheld basic information that any beneficiary has a legal right to receive. He failed to make the required distributions and instead withheld his brother’s inheritance without justification.

The Outcome

After reviewing the evidence, the court agreed with The Grossman Law Firm’s position. The judge found that John, acting as a trustee, had failed to meet his fiduciary obligations under California law.

As a result:

• Michael was awarded $100,000 in compensation for the harm caused by his brother’s misconduct.
• He received title to the trust properties he was entitled to inherit.
• The court ordered John to produce a full accounting and comply with all reporting obligations going forward.

The judge also warned that any future failure to meet his duties could result in removal as trustee or further legal consequences.

For Michael, this case wasn’t just about money. It was about getting clarity after years of silence, holding his brother accountable, and ensuring that their mother’s wishes were carried out as intended.

What Beneficiaries Should Know

Michael’s story is not unusual. Many trustees mishandle their responsibilities or fail to communicate with beneficiaries. California law gives beneficiaries the right to:

• Receive a copy of the trust when the document becomes irrevocable after the settlors’ deaths
• Obtain regular and accurate accounting after the settlors’ deaths
• Expect timely and fair distributions
• Demand transparency in how trust assets are managed

The courts have the authority to enforce compliance, remove trustees, and impose financial penalties. If a trustee does not meet these obligations, legal action may be necessary. Additionally, the longer you wait to take action, the more you are likely to lose. Michael was fortunate that valuable assets remained in his mother’s trust even after three years of delay. In California, prolonged delays in trust administration—especially those lasting more than a year or two without communication or distribution—can increase the risk of mismanagement, lost records, or potential legal disputes. If you’ve waited more than two years with no action, it’s time to speak with a probate attorney.

Demanding Answers: What You’re Entitled To

If it’s been more than 60 days since your loved one passed, and you haven’t received a copy of the trust, this may be the right time to send a demand letter. California law requires the trustee to respond within 60 days of receiving a written request. This is a key sign that your case may qualify as a Demand Letter persona, especially if the trustee has gone silent and you’re unsure how to proceed.

Both Demand Letter and TLIT Collections cases are important to The Grossman Law Firm because they often indicate that clear legal rights are being ignored. Suppose we find evidence that you’re entitled to inherit under a trust and the trustee has not fulfilled their basic duties. In that case, our Intake Specialists may evaluate and schedule a Free Phone Consultation.

For more information on how to send a demand letter, including what to say, check out our guide: Writing a Demand Letter (Free Template).

FAQ: Trustee Withholding inheritance in California

How do I get a copy of the trust?

If you’re a named beneficiary of an irrevocable trust, the trustee must give you a copy upon request when the trust becomes irrevocable. If they refuse, the court can compel them to produce it.

 For more details on your right to trust documents and how to request them, read our guide: “How to Get a Copy of a Trust.“

What can I do if a trust property is sold without explanation?

If a trustee sells property and doesn’t disclose the details, you may be entitled to a formal accounting. In some cases, it could signal a breach of fiduciary duty, especially if you have not received a distribution.

How long is too long to wait for a distribution?

While every trust is unique, unexplained delays can signal a potential issue. You may need to take legal action to protect your interests.

Why Choose The Grossman Law Firm

At The Grossman Law Firm, we focus exclusively on probate, probate litigation, and trust litigation. We frequently represent beneficiaries in Demand Letters and Trust Litigation (TLIT) Collections cases—especially when trustees delay, withhold inheritances, or fail to provide copies of the trust. If you’re being ignored, misled, or left without answers, you may qualify for immediate legal support.

TGLF understands the California probate court. We know how to hold trustees accountable. If you believe your rights as a beneficiary are being violated, please call us at (888) 443-6590 or fill out our Get Help Now form. Our Intake Specialists can evaluate your case to assess your situation at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.