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The Trustee Has My Inheritance, But I Can’t Afford to Sue—What Can I Do?

By August 31, 2026No Comments
trustee withholding inheritance

You know the trust names you as a beneficiary. You know the trustee controls the money or property you are supposed to receive. But months have passed, and the trustee still will not distribute your inheritance.

Then you talk to an attorney and learn how much trust litigation can cost.

If you cannot afford a large retainer, it may feel like the trustee has all the leverage. But you do not necessarily have to walk away from your inheritance. The inability to afford hourly attorney’s fees does not mean you are out of options.

At The Grossman Law Firm, Attorney Scott Grossman represents beneficiaries throughout California in qualifying trust litigation cases on a contingency fee basis.

Table of Contents

Key Takeaways

  • A trustee cannot simply ignore the trust or hold onto your inheritance indefinitely without a valid reason.
  • California trustees have legal duties to follow the terms of the trust and protect the interests of the beneficiaries.
  • If a trustee refuses to make a required distribution, it may constitute a breach of fiduciary duty, and a beneficiary may have options to ask the probate court to intervene.
  • You do not necessarily need the money for a large hourly retainer to pursue a trust litigation claim.
  • The Grossman Law Firm handles qualifying California trust litigation cases on a contingency fee basis.

Can a Trustee Withhold My Inheritance?

Sometimes there is a legitimate reason a trustee has not yet made a distribution. The trustee may need time to identify assets, resolve debts or taxes, sell property, or complete other parts of the trust administration.

But a trustee does not have unlimited discretion to hold onto trust property.

California Probate Code § 16000 requires a trustee to administer the trust according to its terms. Other provisions impose fiduciary duties governing the trustee’s conduct.

If the trust requires a distribution and the trustee refuses to make it without a valid reason, the beneficiary may need to take action.

A Common Situation

The names and circumstances below have been changed for privacy.

When David’s father died, the trust provided that David would receive a substantial share of the trust assets.

More than a year passed, but the trustee—David’s older brother—still had not distributed his share. Every time David asked when he would receive his inheritance, he got another excuse.

David believed the continued delay could amount to a breach of the trustee’s fiduciary duties. But there was a practical problem: the trustee controlled the money David was trying to recover, and David did not have thousands of dollars available for an attorney’s retainer.

After speaking with attorneys who charged by the hour, he began to wonder whether fighting for his inheritance would cost him money he simply did not have.

Then David learned that some trust litigation cases can qualify for a contingency fee.

That changed his options. Instead of having to fund the litigation while the trustee continued to hold his inheritance, he could determine whether his claim was strong enough to qualify for representation without paying upfront hourly attorney fees.

The fact that the trustee controls your inheritance should not automatically mean the trustee also controls whether you can afford to fight for it.

What Can I Do If the Trustee Will Not Pay My Inheritance?

Start With the Trust and the Trustee’s Explanation

Before assuming the trustee has done something wrong, determine what the trust actually requires and why the trustee says they have not made the distribution.

The answer matters.

If the trustee refuses to provide information, cannot explain the delay, disregards the trust’s distribution instructions, or appears to be using trust property improperly, you may have a larger problem.

What If the Delay Is a Breach of Fiduciary Duty?

Under California Probate Code § 17200, a beneficiary may petition the probate court concerning the internal affairs of a trust, including certain proceedings involving a trustee’s duties. Depending on the circumstances, remedies for a breach of trust can include compelling the trustee to perform their duties, ordering an accounting, recovering trust property, or removing the trustee.

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.

What If I Can't Afford to Sue the Trustee?

This is where a contingency fee can matter.

With traditional hourly representation, you generally pay the attorney as they work on the case. That may require a substantial retainer followed by additional payments as litigation continues.

Under a contingency fee, the attorney receives an agreed-upon percentage if the case results in a recovery.

For a beneficiary whose inheritance is being withheld, that can solve a very practical problem: the money you need to pay an attorney may be the same money the trustee refuses to give you.

At The Grossman Law Firm, qualifying trust and probate litigation matters may be handled on a contingency basis. That means you do not pay hourly attorney’s fees as the case moves forward.

Does My Case Qualify for a Contingency Fee?

Not every case qualifies.

Attorney Scott Grossman evaluates factors such as the strength of the claim, available evidence, potential recovery, applicable deadlines, and the existence of a realistic source from which to recover money or property.

You do not need to determine that on your own.

If the trustee is withholding a significant inheritance and the cost of hiring an attorney is stopping you from taking action, the first question may be whether your case qualifies.

If you are unsure whether contingency representation may be an option for your situation, The Grossman Law Firm can help you understand what comes next.

FAQ

Can a trustee refuse to give me my inheritance?

A trustee may have legitimate reasons for delaying a distribution during trust administration. However, if the trust requires a distribution and the trustee continues withholding it without a valid reason, you may have legal options.

Can I sue a trustee if I don’t have money?

Potentially. Some California trust litigation cases qualify for contingency representation, which allows the beneficiary to pursue the claim without paying hourly attorney’s fees as the case progresses.

Will I owe attorney’s fees if nothing is recovered?

For cases that The Grossman Law Firm accepts on a contingency basis, the written fee agreement explains how fees and expenses work. If you do not recover your inheritance, you do not owe the firm’s contingency fee.

How do I know if the trustee is actually doing something wrong?

Start with the trust document, the trustee’s explanation, accountings, and other available records. A trust litigation attorney can review those materials and determine whether the trustee’s conduct may amount to a breach of their duties.

How The Grossman Law Firm Can Help

If a trustee is holding your inheritance and you cannot afford to pay thousands of dollars in hourly legal fees, do not assume that means you have to give up your claim.

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 and find out whether your case may qualify for contingency representation.

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.