Table of Contents
Why a Trustee Might Withhold Your Inheritance
What You Can Do to Get Your Distribution
When the Trustee’s Refusal Signals a Breach
When to File in California Probate Court
How The Grossman Law Firm Can Help
Key Takeaways
- A trustee must follow the terms of the trust and the California Probate Code when making distributions.
- A trustee’s delay may be caused by confusion, mismanagement, or a breach of fiduciary duty.
- If informal requests fail, beneficiaries can petition the probate court to compel distribution.
- California courts can order an accounting, remove the trustee, impose surcharges, or require repayment of misused trust property.
- Acting quickly protects your inheritance and prevents further harm.
Why a Trustee Might Withhold Your Inheritance
Distributions should move forward once a trust becomes irrevocable; however, trustees often delay even when no valid reason exists. When this happens, beneficiaries are left confused, frustrated, and unsure whether the trustee is overwhelmed or actively violating fiduciary duties. Understanding the most common causes of delay helps you determine the next steps to take.
The Trustee Misunderstands the Trust
Many trustees, especially those with no prior experience, misinterpret the trust’s instructions. Instead of checking the actual document, they rely on memory or assumptions. This leads to improper delays even when the trust requires a prompt distribution.
The Trustee Doesn’t Understand Their Legal Duties
Some trustees simply don’t know what they’re supposed to do. Others understand the rules but choose not to follow them. The California Probate Code requires a trustee to administer the trust in accordance with its terms and conditions. Failing to make distributions without a lawful reason may be a breach of fiduciary duty.
The Trustee Is Trying to Hide Mistakes or Misconduct
A trustee may refuse to distribute assets because doing so would expose errors such as:
- Mismanaged investments
- Unexplained withdrawals
- Missing trust property
- Self-dealing
If the trustee ignores your requests for both information and distribution, this is often a sign of deeper issues.
For more on whether your trustee is breaching your fiduciary duties, see “20 Ways Your Trustee Can Be Breaching Their Fiduciary Duties.“
What You Can Do to Get Your Distribution
Start With a Direct, Written Request
Before turning to court, make a clear written request for your distribution. It creates a record of your efforts and may resolve the issue if the trustee simply needs direction.
Request an Accounting
Under the California Probate Code, beneficiaries are entitled to information about trust assets, expenses, and transactions. An accounting can uncover:
- Whether assets are missing
- Whether the trustee has spent funds improperly
- Whether delays are reasonable or unjustified
Document All Attempts to Communicate
If the trustee refuses to respond, keep copies of emails, letters, and messages. This documentation helps you in court and strengthens your petition.
When the Trustee’s Refusal Signals a Breach
A trustee is obligated to act in the best interests of the beneficiaries. Warning signs of a breach include:
- Repeated refusal to provide information
- Unexplained delays or excuses
- Missing documents, missing money, or silence
- Hostility, avoidance, or inconsistent explanations
- A refusal to follow clear trust instructions
If you’re seeing these behaviors, the trustee may be violating their duties.
When to File in California Probate Court
If the trustee still will not distribute your inheritance despite reasonable efforts, the next step is to file a petition in probate court. Beneficiaries may ask the court to:
Compel the Distribution
The court can order the trustee to immediately carry out the trust’s instructions.
Require a Full Accounting
Courts regularly compel trustees to account when beneficiaries have not received accurate financial information.
Impose Surcharges for Losses
If the trustee’s actions caused financial damage, the court can require them to personally repay those losses.
Order the Return of Trust Property
If a trustee takes trust assets, the court may require repayment and, in some cases, double damages under California law.
Remove the Trustee
If the trustee cannot or will not fulfill the trust’s requirements, removal may be necessary to protect the beneficiaries.
Bad situations rarely improve on their own. The longer a trustee fails to act, the greater the risk of loss.
Related Resources
- Overview of California Trust Litigation
- Can a Trustee Be Removed for Mishandling Assets?
- Irrevocable Trust Beneficiary Rights in California
- Duties of a Trustee of an Irrevocable Trust
- Trustee Duties: Understanding the Trustee Standard of Care
- Can’t Afford a Probate or Trust Attorney?
FAQ
How long should a trustee take to distribute my inheritance?
Many standard trust administrations in California wrap up within 12–18 months. However, unreasonable or unexplained delays may indicate a problem.
Can a trustee refuse to communicate with beneficiaries?
No. California law requires trustees to keep beneficiaries reasonably informed and provide requested information.
Do I have to wait until the trust is closed to seek court help?
No. You can petition the court at any point if the trustee is withholding distributions without justification.
Can I remove a trustee who fails to distribute assets?
Yes. California courts can remove trustees who fail to perform their duties or put beneficiaries at risk.
How The Grossman Law Firm Can Help
At The Grossman Law Firm, we assist beneficiaries and heirs throughout California in enforcing their rights in probate and trust litigation. If your trustee refuses to distribute your inheritance, we can step in, evaluate the situation, and pursue court action when necessary.
Call (888) 443-6590 or fill out our Get Help Now form. Our Intake Specialists can evaluate your case at no cost. Qualifying matters will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published Aug 5, 2016