Probate LitigationTrust Litigation

Can You Resolve a Trust Dispute Without Going to Court in California?

By August 24, 2026No Comments
mediation
Not every problem with a trustee means you have to go to court. Sometimes, asking for information or talking things through—on your own or with an attorney—can clear things up.
There are times when waiting too long can put your inheritance at risk. If you see trust assets going missing, the trustee will not answer your questions, or you suspect something is seriously wrong, it may be time to consider legal action.
At The Grossman Law Firm, Attorney Scott Grossman represents beneficiaries throughout California when disputes with trustees require trust litigation.

Table of Contents

Key Takeaways

  • Not every disagreement with a trustee requires immediate court action.
  • Sometimes, getting more information from the trustee can clear up a misunderstanding.
  • An attorney may be able to communicate with the trustee and work toward a resolution before filing a petition.
  • Mediation can allow beneficiaries and trustees to resolve a dispute without having a judge decide the outcome.
  • If trust property is at risk or the trustee refuses to cooperate, waiting too long to take legal action may hurt your interests.

Can You Resolve a Trust Dispute Without Going to Court?

Sometimes.
You might worry if a distribution is delayed, the trustee is not sharing enough information, or something in the accounting just does not add up.
That does not automatically mean the trustee has breached their fiduciary duties.
Before heading to court, it often helps to find out what is really going on and see if the trustee is willing to fix the problem.

Start by Asking the Trustee for Information

Put Your Concerns in Writing

If you are not sure what the trustee is doing, ask questions.
California trustees generally have a duty to keep beneficiaries reasonably informed about the trust and its administration. Beneficiaries may also request information relevant to their interests regarding the administration of the trust.
Putting your request in writing gives you a record of what you asked and how the trustee answered.
If the trustee gives you the information you need and explains what happened, you might be able to settle things without going to court.

When an Attorney May Help Resolve the Dispute

You do not necessarily have to wait until you are ready to sue before speaking with an attorney.
A trust litigation attorney can review the trust, accountings, financial records, and communications to help determine whether your concerns point to an actual legal problem.
An attorney may also contact the trustee or the trustee’s attorney, request any missing information, and attempt to resolve the dispute before filing a petition.
Sometimes that is enough. Other times, the trustee’s response makes it clear that court involvement is necessary.

Can Mediation Resolve a Trust Dispute?

Mediation allows the parties to negotiate with the help of a neutral mediator.
Mediation can help when everyone agrees there is a problem but would rather not have a judge make the final decision.
Mediation does not guarantee an agreement. If you cannot work things out, you may still need to go to court.
For more information about the mediation process, check out our article, “San Diego Probate Mediation: 8 Key Facts You Should Know.”

When Is It Time to Go to Court?

Informal resolution only works when both sides are willing to participate.
You may need to consider court action if the trustee:
  • Refuses to provide required information or an accounting
  • Continues withholding a required distribution
  • Cannot account for trust property
  • Uses trust assets for their own benefit
  • Refuses to address suspected misconduct
  • Takes actions that put trust property at risk
Under California Probate Code § 17200, a beneficiary may petition the court concerning the internal affairs of a trust. Among other things, the court can address trustee conduct, instruct a trustee, and under specified circumstances compel a trustee to provide trust information or an accounting.
Trying to avoid litigation can make sense. Continuing to wait while your inheritance is at risk may not be wise.
If you suspect your trustee isn’t acting in your best interest, don’t wait. Explore 20 Ways Your Trustee May Be Breaching Their Fiduciary Duties to learn common warning signs and available actions.
If you have tried to resolve a problem with a trustee and are getting nowhere, The Grossman Law Firm can help you determine what to do next.

FAQ

Do I have to sue a trustee if we disagree?

No. Some disagreements can be resolved through communication, negotiation, or mediation. Whether that makes sense depends on the nature of the dispute and whether trust property is at risk.

Can I ask a trustee for information before going to court?

Yes. California Probate Code § 16060 requires trustees to keep beneficiaries reasonably informed, and § 16061 generally requires a trustee to provide information relevant to a beneficiary’s interest upon reasonable request, subject to statutory exceptions.

What if the trustee ignores my requests?

Depending on the circumstances, you may be able to petition the probate court. Section 17200 specifically provides procedures for compelling certain information and accountings when a trustee fails to respond within the statutory requirements.

How The Grossman Law Firm Can Help

You do not necessarily need to rush into court over every disagreement with a trustee. But you also should not spend months trying to resolve a problem while trust property or your inheritance may be at risk.
At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation.
Call (888) 443-6590 or complete our Get Help Now form to discuss your situation.
Our Intake Specialists can evaluate your case at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published: Jun 18, 2018