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TrustTrust Litigation

How to Get Your Trustee to Distribute Your Inheritance

By July 25, 2025August 4th, 2025No Comments

Table of Contents

  • Key Takeaways
  • Why Trustees Fail to Distribute Inheritances
  • What You Can Do to Get Your Inheritance
  • When to Involve the Probate Court
  • Related Resources
  • FAQ
  • How The Grossman Law Firm Can Help

Key Takeaways

  • Trustees are legally obligated to follow the terms of the trust and make timely distributions to beneficiaries.
  • Many trustees fail to distribute inheritances due to misunderstanding, neglect, or misconduct.
  • If your trustee won’t cooperate, you may need to file a petition with the probate court.
  • The Grossman Law Firm assists California beneficiaries in compelling trust distributions and holding uncooperative trustees accountable.

How to Get Your Trustee to Distribute Your Inheritance

Why Trustees Fail to Distribute Inheritances

You’ve seen the trust. The trustee knows who you are. Everyone understands the terms. And yet, your inheritance still hasn’t been distributed. While it might seem unbelievable, this happens more often than most people expect.

Some of the most common reasons trustees delay or refuse distributions include:

1. Misunderstanding the Trust

Some trustees fail to review the trust document and instead rely on memory or assumptions. It can lead to incorrect decisions, including failure to distribute assets when the trust requires it.

2. Inexperience or Neglect

A trustee may not understand their legal duties, or worse, they may understand them but choose not to follow them. Trustees must administer the trust in accordance with its terms and California law; however, not all trustees take this obligation seriously.

3. Covering Up Mistakes

Trustees sometimes delay distributions to avoid exposing errors such as:

  • Mismanagement of trust property
  • Improper accounting
  • Use of trust funds for personal benefit

If your trustee also refuses to provide a copy of the trust, a current accounting, or details about the remaining assets, this may signal serious misconduct.

For more warning signs, see: 20 Ways Your Trustee Can Be Breaching Their Fiduciary Duties.

What You Can Do to Get Your Inheritance

If the trustee hasn’t responded to informal communication, it’s time to escalate the issue. The first step is often a formal written request, but if that fails, the next step is taking legal action.

When to Involve the Probate Court

To enforce your rights, you may need to file a petition in probate court. This petition can request the court to:

  • Compel a distribution
  • Order the trustee to provide an accounting
  • Surcharge the trustee for losses to the trust
  • Order the return of misappropriated property
  • Award double damages in some cases of bad faith conduct

The longer you wait, the more damage a dishonest or incompetent trustee can cause. Taking swift action protects your inheritance and can prevent further loss.

Related Resources

For more on trust distributions and trustee misconduct, explore these resources from The Grossman Law Firm:

FAQ

How long should it take for a trustee to distribute my inheritance?

Under California law, trustees are required to distribute assets within a reasonable timeframe, typically within 12 to 18 months, depending on the complexity of the trust.

Can I force a trustee to make a distribution?

Yes. You can file a petition with the probate court to compel the trustee to distribute your share of the trust.

What if the trustee says the distribution will happen “later”?

Ask for a timeline in writing. If the trustee is vague, repeatedly delays, or avoids the topic, it may be time to consult with a trust litigation attorney.

Can a trustee be removed for failing to distribute the inheritance?

Yes. If the trustee is unreasonably delaying distributions or breaching their fiduciary duties, you can petition the court for their removal.

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 rightful inheritance, we can help you compel a distribution, demand an accounting, or petition for the removal of the trustee.

Call (888) 443-6590 or fill out our Get Help Now form.

Our Intake Specialists can evaluate your case at no cost to you to assess your situation.

Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.

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