Table of Contents
Why Trustees Must Share Information Under California Law
10 Types of Information Trustees Must Give Beneficiaries
Why Transparency Protects Beneficiaries
Key Takeaways
- California trustees have a legal duty to keep beneficiaries reasonably informed about the trust and its administration.
- Information-sharing obligations come from the California Probate Code, including sections 16060, 16061, and 16062.
- Beneficiaries are entitled to meaningful transparency, including details about trust assets, liabilities, transactions, administration decisions, and their own beneficial interests.
- A trustee who withholds required information may be violating fiduciary duties,
- and beneficiaries can take action.
Why Trustees Must Share Information Under California Law
Trust beneficiaries cannot protect their rights if they do not know how the trust is being managed. That is why the California Probate Code requires trustees to provide accurate, timely information throughout the trust administration.
At The Grossman Law Firm, we regularly represent beneficiaries who feel shut out of the process. A trustee’s unwillingness to communicate is often an early warning sign of deeper issues: from mismanagement to potential breaches of fiduciary duty.
California trustees must respond to reasonable requests for information and provide updates that allow beneficiaries to understand what is happening with the trust and their inheritance.
10 Types of Information Trustees Must Give Beneficiaries
Under California law, beneficiaries should expect the trustee to share the following:
1. The amount, nature, and location of trust assets
A trustee must be able to identify what the trust owns and where each asset is held.
2. The liabilities of the trust
Beneficiaries have a right to understand any debts or obligations owed by the trust.
3. All income received by the trust
This includes interest, dividends, rent, or any other revenue.
4. All disbursements made by the trust
A trustee must track and report every payment made by the trust.
5. Administrative actions taken by the trustee
Beneficiaries are entitled to know what steps the trustee has taken in managing and administering the trust.
6. Compensation paid to the trustee
Trustees must disclose how much they are paying themselves.
7. Any agents hired by the trustee
This includes accountants, financial advisors, attorneys, and tax professionals.
8. The relationship between the trustee and any hired agents
Beneficiaries are entitled to know whether any conflicts of interest exist.
9. Compensation paid to hired agents
A trustee cannot keep secret what the trust is paying professionals.
10. The nature and extent of each beneficiary’s interest
This includes providing a copy of the trust instrument, as required by California Probate Code §16061.7, when certain triggering events occur.
Why Transparency Protects Beneficiaries
Trust administration works only when the trustee honors their duty of loyalty, prudence, and full disclosure. Information allows beneficiaries to:
- Monitor how assets are being used
- Verify that investments and expenses align with the Probate Code
- Catch red flags early before losses occur
- Seek legal remedies if mismanagement or misconduct is suspected
When a trustee is evasive or refuses to provide information, that behavior itself may signal a breach of fiduciary duty.
What to Do If Your Trustee Won’t Share Information
If you request information and receive incomplete, delayed, or evasive responses, it may be time to get legal guidance. California trustees are not permitted to keep beneficiaries in the dark.
The Grossman Law Firm regularly helps beneficiaries enforce their rights, including compelling trustees to provide information, accountings, or to correct misconduct.
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 the most common warning signs, and what you can do about them.
Related Resources
- Overview of California Trust Litigation
- Trustee’s Duty: What is the Prudent Investor Rule?
- How to Get Your Trustee to Distribute Your Inheritance
- Know What You’re Getting Into: The Timeline of a Trust and Estate Lawsuit
- Can the Court Remove Your Trustee for Mishandling Assets?
- Can’t Afford a Probate or Trust Attorney?
FAQ
What information am I legally entitled to from a California trustee?
You are entitled to any information reasonably necessary to understand your rights and evaluate the trust’s administration, including financial details, transactions, and a copy of the trust.
Can a trustee refuse to answer my questions?
Not lawfully. California Probate Code requires trustees to respond to reasonable beneficiary inquiries. Silence or avoidance may indicate a breach.
How often must a trustee provide an accounting?
Unless the trust waives it, trustees must account at least annually, upon a trustee’s change, and upon the trust’s termination.
How The Grossman Law Firm Can Help
At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation. Our team regularly handles cases involving trustees who fail to communicate, refuse to account, or violate their fiduciary duties.
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 September 15, 2016