The silence is the hardest part. Weeks turn into months after your loved one’s passing, and the person in charge of their trust, the trustee, has told you nothing. You have no idea what assets are in the trust, what the debts are, or when you might receive your rightful inheritance.
Your calls and emails go unanswered. You feel powerless, left completely in the dark by the one person who has a legal duty to keep you informed. This silence is not just disrespectful; it is often a direct violation of California law.
A trustee who fails to follow the rules, especially the 120-Day Notification Rule, is not just making a mistake. They are breaching their duty. When a trustee misses the deadline, they may be incompetent, they may be hiding something, and most importantly, they are giving you a powerful strategic advantage in the fight for your inheritance.
The ticking clock of trust law
A trustee does not get to make up the rules as they go. California trust law imposes strict deadlines on them, and their failure to follow these rules can have significant consequences that work in your favor.
- A trustee must send a formal legal notice to all beneficiaries and heirs when a trust becomes irrevocable, usually after the creator’s death. This is known as a Notification by Trustee.
- This notice officially starts a 120-day clock. This is the limited window of time a beneficiary has to file a lawsuit to challenge the validity of the trust.
- A trustee who fails to send this notice fails to start the clock. This means the 120-day deadline to contest the trust never begins, preserving your right to take legal action.
- A trustee’s failure to send the notice is a major red flag. It is often a sign of incompetence or a deliberate attempt to hide misconduct, such as self-dealing or the mismanagement of trust assets.
What is the 120-day notification rule?
The 120-Day Notification Rule is not a suggestion; it is a legal mandate. It is a critical protection for beneficiaries, enshrined in the California Probate Code. It is designed to prevent a trustee from operating in secret and to ensure that all interested parties are aware of their rights.
The purpose of California Probate Code § 16061.7
The entire rule is detailed in California Probate Code § 16061.7. The law’s purpose is twofold. First, it forces the trustee to provide essential information to beneficiaries and heirs.
Second, it creates a clear, but very short, deadline for anyone who wants to challenge the trust’s validity. It balances the need for transparency with the need for finality in trust administration. The law recognizes that a trustee should not have to worry about a surprise lawsuit years after the trust has been administered, but it also demands that this period of finality only begins after everyone has been properly notified.
What the notice must contain
The law is particular about what this formal notice must include. A trustee who sends a casually worded letter has not fulfilled their legal duty.
A valid Notification by Trustee must include:
- The identity of the trust’s creator, known as the settlor.
- The date the trust was signed.
- The full name, mailing address, and telephone number of the trustee.
- The address of the principal place of trust administration.
- A statement that the recipient is entitled to a full copy of the trust document upon reasonable request.
- A specific, bolded warning that states the recipient has only 120 days from the date the notice is served to file a lawsuit to contest the trust.
A notice that is missing any of this key information may be legally defective and may also fail to start the 120-day clock, even if you received it. This is a common error made by non-professional trustees, and it can be a critical opening for your case.
Who must receive this notice
The trustee must send this notice to a specific group of people. The law requires a trustee to be diligent in identifying these individuals. It must go to all named beneficiaries of the trust, without exception. It must also go to all of the creator’s legal heirs.
Heirs are the people who would have inherited the estate under California’s laws of intestate succession if there were no will or trust at all. This typically includes the surviving spouse, children, and grandchildren. This ensures that even a disinherited child is formally notified and has an opportunity to challenge their disinheritance.
The Trustee Missed the Deadline. What Does It Mean?
When a trustee fails to send this legally required notice, it has profound consequences for the administration of the trust. Their failure is not a minor oversight. It fundamentally alters your legal position and gives you a significant advantage in any dispute that follows.
The statute of limitations does not start
This is the most important consequence for you. The entire purpose of the notice from the trustee’s perspective is to start the 120-day statute of limitations. This short deadline protects a trustee from lawsuits filed years down the road. A trustee who fails to send the notice fails to start that clock.
This means the 120-day deadline never begins to run against you. Instead of a short 120-day window, a different, much longer statute of limitations may apply to your claims.
Claims for things like breach of fiduciary duty can have a statute of limitations of three years or even longer, depending on when you discovered the wrongdoing. The trustee's failure keeps your legal options open.
A major red flag for other misconduct
A trustee’s failure to send this notice is rarely an isolated mistake. It is often a symptom of a much larger problem. There are generally two reasons a trustee misses this deadline. The first is gross incompetence; they simply do not know the law or have not hired an attorney to advise them.
A trustee this negligent in their basic duties is likely mismanaging other aspects of the trust as well. The second, and more sinister, reason is malice; they are intentionally trying to keep you in the dark.
They may be hoping that you will not find out about your rights until it is too late, or they may be actively hiding their own mismanagement, self-dealing, or outright theft of trust assets.
Increased leverage for you as a beneficiary
The trustee’s failure puts you in a position of power. You can now demand information, an accounting, and a distribution from a trustee who you know is already in violation of the law. Their failure to follow this basic procedural rule undermines their credibility from the start.
It makes it much harder for them to argue to a judge that they are a competent and trustworthy fiduciary. This gives you significant leverage in any subsequent negotiations or court proceedings. A judge will be immediately skeptical of a trustee who cannot even perform this simple, required task.
How to Use a Trustee's Failure to Your Advantage
Discovering that your trustee has missed this critical deadline is not the end of the story; it is the beginning of your legal strategy. This failure is a powerful piece of evidence. You can use it to build a case and force the trustee to act.
A methodical approach is the best way to leverage the trustee's mistake. These actions can help you build a powerful case. These steps can turn the trustee’s failure into your victory:
- Document All Your Communication Attempts: Keep a detailed log of every phone call, email, and letter you have sent to the trustee. Note the dates and the fact that they did not respond. This creates a clear record of their failure to communicate.
- Send a Formal Written Demand for Information: Your next step is to have an attorney send a formal demand letter. This letter will demand a copy of the trust, a full accounting, and an explanation for their failure to send the legally required notice. This formal demand, sent via certified mail, creates a paper trail that is hard for a trustee to ignore.
- Demand a Full and Formal Accounting: You have a legal right to an accounting of the trust’s finances. A trustee who has failed to send the 120-day notice is in a very weak position to refuse this demand. The accounting must detail all assets, debts, income, and expenses of the trust. We can scrutinize this document for any signs of misconduct.
- File a Petition with the Probate Court: When the trustee continues to ignore you, the final step is to take them to court. Your attorney can file a petition to compel them to provide an accounting and to make a distribution. Their failure to send the 120-day notice will be a key piece of evidence in this petition. This legal action forces them to answer to a judge.
These strategic actions show the court that you have made every reasonable effort to get information, while the trustee has consistently failed to do their job.
AI Cannot Formulate a Legal Strategy
An artificial intelligence program can tell you what a law says. It cannot, however, interpret a trustee’s silence. An algorithm cannot formulate a legal strategy based on a missed deadline.
It cannot draft a compelling court petition that will get a judge’s attention or argue your case in a California courtroom. For a fight that requires strategic thinking and legal action, you need an experienced human trial lawyer.
FAQ for the 120-Day Notification Rule
What if I received a letter from the trustee, but not the formal notice?
An informal letter, email, or phone call does not count. The law requires the trustee to send a formal notice that contains all the specific information and the bolded legal warning. An incomplete or informal notice is likely legally defective and may not be sufficient to start the 120-day clock.
Can a trustee just claim they did not know about the rule?
No. Ignorance of the law is not a defense for a trustee. A trustee is held to a high standard. They have a duty to know the law or to hire professionals who do. A judge will not excuse a trustee’s failure to follow this fundamental rule simply because they claim they were unaware of it.
Does this rule apply if the trustee is my sibling or another family member?
Yes, absolutely. The legal duties of a trustee are the same regardless of their relationship to the beneficiaries. A trustee who is a family member must follow all the same rules and procedures as a professional or corporate trustee. The law does not give them a pass for being family.
What if I signed a document waiving my right to this notice?
You should have any waiver you signed reviewed by an attorney immediately. While it is possible to waive your rights, that waiver must be knowing and voluntary. If you were pressured into signing something you did not understand, or if the trustee misrepresented the document, the waiver may be invalid.
Silence Is a Breach of Duty
You do not have to accept a trustee’s silence. You do not have to wait indefinitely for the inheritance that is rightfully yours. A trustee who fails to follow the law must be held accountable.
Their failure to send the 120-Day Notice is not just a missed deadline; it is a serious breach of their duty and a powerful key that can unlock your entire case.
The attorneys at Trust Law Partners are relentless advocates for beneficiaries.
We know how to use a trustee’s failures to your advantage. We are trial lawyers who are not afraid to take a bad trustee to court. We handle these cases on a contingency fee basis, so you pay nothing until we win. Let us use their silence to give you a voice.
Contact us through our secure online form to learn how we can begin the fight.