Table of Contents
What Makes an Objection “Frivolous”?
Understanding Trust Account Objections in California
Examples of a“Frivolous” Objection?
Legal Consequences for Beneficiaries Who File in Bad Faith
How Trustees Can Protect Themselves
How The Grossman Law Firm Can Help
Key Takeaways
- Beneficiaries have a right to object to a trustee’s accounting, but only for valid reasons supported by facts.
- If an objection is made in bad faith or without reasonable cause, the court may impose penalties.
- A beneficiary found to have made a frivolous objection can be ordered to pay the trustee’s legal fees and may lose part or all of their trust share.
- Trustees facing frivolous objections should seek advice from an experienced trust attorney to protect the trust and themselves.
What Makes an Objection “Frivolous”?
An objection is considered frivolous when it’s made without valid evidence or a reasonable basis. This means the beneficiary files it just to delay the process, pressure the trustee, or cause conflict—rather than to correct a real problem in the accounting. California courts take these objections seriously and can penalize anyone who acts in bad faith.
At The Grossman Law Firm, we help clients understand whether an objection has legal merit before taking action. If you’re a trustee facing a frivolous objection, our team can step in to protect you and the trust’s assets. And if you’re a beneficiary with legitimate concerns, we’ll help you assert your rights under California law while avoiding costly penalties for filing in bad faith.
Understanding Trust Account Objections in California
Under California Probate Code §§ 16062–16064, trustees are required to provide beneficiaries with a trust accounting that shows how trust assets have been managed. That includes income, expenses, distributions, and current asset values.
If a beneficiary believes the accounting is inaccurate—perhaps due to missing information, questionable transactions, or mismanagement—they can file an objection with the probate court.
However, this right comes with responsibility. Beneficiaries must ensure that their objections are made in good faith and based on verifiable facts. Filing an objection to delay the process, pressure the trustee, or retaliate against another beneficiary can have serious consequences.
Examples of a“Frivolous” Objection?
A frivolous objection is one made without a good reason or simply to cause trouble. Examples include:
- Objecting without reviewing the full accounting or supporting documents.
- Making vague or unsupported claims of “suspicious activity.”
- Using the court process to harass the trustee or gain leverage in unrelated disputes.
The court evaluates whether a reasonable person, in the same circumstances, would have believed there was a legitimate basis for the objection.
Legal Consequences for Beneficiaries Who File in Bad Faith
California law allows the court to penalize beneficiaries who file unjustified or malicious objections. If the court finds the objection was made without reasonable cause or in bad faith, it may order that:
- The beneficiary must reimburse the trustee’s legal fees and costs. That can include attorney’s fees, accountant fees, and other litigation expenses.
- The repayment may be deducted from the beneficiary’s share of the trust. If the trust share is insufficient, the beneficiary can be held personally liable for the remaining balance.
These penalties exist to discourage misuse of the court system and protect trustees who act appropriately under the law.
At The Grossman Law Firm, we help trustees and beneficiaries navigate these difficult situations before they escalate. Our team reviews the accounting, evaluates the evidence, and determines whether the objection has merit under California law. Suppose a beneficiary has filed an objection in bad faith. In that case, we take swift legal action to recover costs and defend the trustee’s management of the trust. On the other hand, if you’re a beneficiary with valid concerns, we’ll make sure your rights are protected and your case is presented properly.
When trust disputes become costly or contentious, having an experienced California trust litigation attorney like Scott Grossman on your side can be the difference between resolving the issue quickly and losing part of your inheritance to unnecessary litigation.
How Trustees Can Protect Themselves
Trustees dealing with baseless or harassing objections should respond promptly and professionally. Steps include:
- Retaining an experienced trust litigation attorney to prepare a response.
- Maintaining detailed records of all trust transactions and communications.
- Filing a petition asking the court to determine that the objection was frivolous, if appropriate.
At The Grossman Law Firm, we regularly defend trustees facing unfounded objections and help beneficiaries ensure their concerns are legitimate before filing a lawsuit. Attorney Scott Grossman has over twenty years of experience handling complex trust and probate litigation throughout California.
FAQ
Can a beneficiary lose their entire inheritance for filing a frivolous account objection?
Potentially, yes. If the court orders repayment of the trustee’s legal fees and those costs exceed the beneficiary’s share, the beneficiary could lose that entire portion.
What if I’m unsure whether my objection is valid?
Consult an experienced trust litigation attorney before filing. A lawyer can review the accounting, evaluate the evidence, and help determine if you have legitimate grounds.
Can the trustee recover attorney’s fees automatically?
No. The trustee must petition the court to recover costs and must show that the beneficiary acted without reasonable cause or in bad faith.
Related Resources
- Overview of California Trust Litigation
- 20 Ways Your Trustee Can Be Breaching Their Fiduciary Duties
- What Are the Duties of a Trustee in California?
- Can a Trustee Be Removed for Mishandling Assets?
- Can’t Afford a Probate or Trust Attorney?
How The Grossman Law Firm Can Help
At The Grossman Law Firm, we represent both beneficiaries and trustees in accounting disputes across California. We help beneficiaries assert valid objections—and defend trustees from frivolous ones.
Call (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.
Originally Published March 5, 2018