Trust Litigation

Trustee Not Following the Trust?

By October 13, 2026No Comments
The Stages of California Trust Litigation
A trustee does not get to change the trust just because they are the one managing it.
California law requires trustees to follow the trust’s terms. If a trustee delays required distributions, withholds information, or uses trust assets in a way the trust does not allow, beneficiaries may have legal options.
At The Grossman Law Firm, Attorney Scott Grossman represents beneficiaries throughout California in disputes involving trustees who ignore trust terms, withhold distributions, fail to account, or otherwise breach their duties. The Grossman Law Firm has handled probate and trust litigation for over 25 years; let us help you.

Table of Contents

Key Takeaways

  • California trustees must follow the trust terms.
  • A disagreement with a trustee does not mean that the trustee has breached the trust.
  • The first step for beneficiaries is to clearly determine what the trust requires and how the trustee’s actions differ from those instructions.
  • Under California law, beneficiaries can ask the probate court to require a trustee to carry out their duties.
  • The court may also award financial compensation or remove the trustee, depending on the seriousness of the breach.

What Does It Mean When a Trustee Is Not Following the Trust?

The problem is sometimes obvious.
The trust may require the trustee to distribute a beneficiary’s share after a parent dies, but months or years pass without a distribution. Or the trust may direct the trustee to sell a particular property and divide the proceeds, but the trustee refuses.
In other cases, the situation is not so clear.
Trustees are sometimes given discretion, and a beneficiary’s opposition does not automatically breach the trust. The key issue is whether the trustee is acting within the powers the trust gives them while also meeting the duties California law requires.

6 Steps to Take When a Trustee Ignores the Trust Terms

1. Read the Trust Provision Carefully

Start with the actual language of the trust.
Do not rely only on what another family member says the trust requires. Look at the provision governing the distribution, property, or trustee action at issue.
For example, does the trust say the trustee “shall” distribute property after a particular event? Or does it give the trustee discretion over when or how to act?
That distinction matters.

2. Document What the Trustee Has Done

Keep copies of all communications, accountings, distribution notices, bank records, property records, and other documents that show how the trustee managed the trust.
If the trustee keeps promising to make a distribution but keeps delaying, keep those emails or text messages.
A clear timeline makes it much easier to decide whether the trustee is really in violation of the trust.

3. Ask the Trustee for an Explanation

In some cases, there may be a legitimate reason for what appears to be noncompliance.
The trustee may still be resolving taxes, debts, litigation, or property issues.
But beneficiaries should not have to accept vague answers forever.
A written request asking the trustee to explain the delay or identify the trust provision supporting their conduct can help clarify whether the issue is a misunderstanding or something more serious.

4. Have a Trust Litigation Attorney Review the Situation

Suppose Lauren’s father’s trust says she is to receive half of the remaining trust assets after his death.
Eric, her brother, is the trustee.
More than a year passes, and Eric still has not distributed Lauren’s share. Each time she asks why, he tells her he is “not ready” to release the money and insists that, as trustee, he alone can decide.
That may not be enough.
An attorney can review the trust to determine whether Eric actually has discretion to delay the distribution or whether the trust requires him to act.
Attorney Scott Grossman can also evaluate whether the trustee’s conduct amounts to a breach and what remedies may be available.

5. Petition the Probate Court if Necessary

If the trustee refuses to comply, a beneficiary may ask the probate court to intervene.
Probate Code section 17200 enables a beneficiary to ask the court about the trust’s internal matters, such as the trustee’s duties, the trust instructions, the accounts, and any breaches of trust.
Probate Code section 16420 also allows a beneficiary to ask the court to compel a trustee to perform required duties or redress a breach through payment of money or other appropriate relief.
The appropriate request depends on what the trustee has done.

6. Ask for Stronger Remedies When the Breach Continues

Court intervention does not always stop with an order telling the trustee to comply.
The Probate Code § 16420 provides for further remedies if the trustee has caused financial harm or if they continue to refuse to carry out their duties:
  • Compelling the trustee to correct the breach
  • Requiring the trustee to repay losses
  • Reducing or denying trustee compensation
  • Removing the trustee
  • Recovering wrongfully transferred trust property or its proceeds
Removal is a serious remedy, but California law gives courts authority to consider it when appropriate.
If you think your trustee is not acting in your best interests, do not delay. Review The Grossman Law Firm’s 20 Ways Your Trustee May Be Breaching Their Fiduciary Duties to see common signs and steps you can take.

What If the Trustee Says They Have Discretion?

A trustee may have discretion under the trust, but discretion is not unlimited.
The trust language controls the scope of that authority. A trustee generally cannot use a discretionary power as an excuse to ignore mandatory provisions or act contrary to the trust’s purposes.
That is why you should compare the trustee’s conduct with the trust terms rather than rely on general statements such as, “I’m the trustee so that I can decide.”

Can You Recover Money if the Trustee's Conduct Caused a Loss?

Potentially.
If the trustee’s failure to follow the trust caused financial harm, the issue may involve more than simply forcing the trustee to comply going forward.
Probate Code § 16420 permits beneficiaries to seek monetary redress for a breach of trust, among other remedies.
For a deeper explanation of what may be recoverable, read Can a Beneficiary Recover Money From a Trustee Who Breached Their Duties? And if the amount at stake is substantial but hourly legal fees are a concern, read Can I Sue a Trustee for Breach of Fiduciary Duty on Contingency in California?

FAQ

Can a trustee ignore the terms of a trust in California?

Normally, no. Under Probate Code section 16000, the trustee must carry out the trust in accordance with the trust document, provided California law applies.

Can a beneficiary make a trustee adhere to the trust?

Possibly, a beneficiary can ask the probate court to require a trustee to carry out the duties in question when it is appropriate.

What if the trustee keeps delaying my distribution?

A delay is not automatically a breach. But if the trust requires a distribution and the trustee cannot provide a legitimate reason for withholding it, a beneficiary should contact an attorney.

How The Grossman Law Firm Can Help

A trustee’s title does not give them unlimited power.
It may be worth deciding whether the trustee’s behavior has gone beyond acceptable limits if they continue to refuse, delay, or take an action the trust prohibits.
At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation.
Please call (888) 443-6590 or complete our Get Help Now form to take the next step to protect your inheritance.
Our Intake Specialists can evaluate your case and assess your situation at no cost. We will schedule qualifying cases for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published: Aug 27, 2016