Trust Law Partners Blog

What Can I Do if a Trustee Refuses to Distribute My Inheritance?

When someone sets up a trust, they expect the trustee to follow their wishes and distribute assets fairly. Unfortunately, that doesn't always happen. If you're having issues with a trustee, you may be asking, "What can I do if a trustee refuses to distribute my inheritance?"

It's a question many California beneficiaries find themselves asking after months of unanswered calls, vague excuses, or complete silence from the trustee. This situation creates real problems—financial strain, uncertainty, and deep frustration.

Unfortunately, trustees not following through with their duties isn't rare. Whether due to negligence or misconduct, delays or refusals happen more often than people realize. The good news: California trust law gives beneficiaries real options to push back and enforce their rights.

Read on to learn what your rights are under California law, what might be causing the delay, and what you can do about it. If you're in this situation, don't wait around. Reach out to an estate and trust attorney near you to set up a free consultation and get a plan in place.

What Are My Rights as a Trust Beneficiary in California?

Before taking action, it helps to understand where you stand. California law gives trust beneficiaries a clear legal position. You're not just waiting for a favor; you're legally entitled to certain things.

Understanding the Beneficiary's Legal Position

Under the California Probate Code, a trustee holds a legal duty to act in your best interest as a beneficiary. That means they must follow the trust terms, keep you informed, and avoid using trust property for personal gain.

Here are a few of your key rights:

• Right to Information: You're entitled to updates about the trust's administration.
• Right to Accounting: You have the right to see regular financial reports showing income, expenses, and distributions.
• Right to Receive Distributions: When the trust says you're owed something, the trustee has to make it happen—within a reasonable time.

What Documents Am I Entitled to See?

A trustee doesn't get to keep secrets. California law requires them to provide:

• A Copy of the Trust Instrument: This is the document that created the trust and outlines how it's supposed to work.
• Regular Accounting Reports: These show how the trustee is managing the money and assets.
• An Inventory of Trust Assets: You should know what's in the trust.
• Transaction Records: You can review major decisions, sales, or distributions the trustee has made.

If the trustee refuses to provide these documents, that's a big red flag—and possibly a violation of the law.

Why Would a Trustee Delay or Refuse Distributions?

Some delays are legitimate. Others aren't. Knowing the difference can help you decide when to push back.

Legitimate Reasons for Distribution Delays

• Debts and Taxes: The trustee might need to settle the trust's debts or pay taxes before distributing assets.
• Hard-to-Sell Assets: Real estate or business interests might take time to sell.
• Waiting Periods in the Trust Document: Some trusts include a set timeframe before distributions can begin.
• Court Involvement: A judge may need to approve certain actions first.

These types of delays might feel frustrating but don't automatically mean the trustee is doing something wrong.

Improper Reasons for Withholding Distributions

But not all delays are justified. Some trustees withhold funds for reasons that have no place in trust administration:

• Self-Dealing: Using trust assets for personal benefit.
• Conflicts of Interest: Choosing actions that benefit themselves or someone else over you.
• Personal Disputes: Refusing distributions because of family arguments or grudges.
• Negligence or Incompetence: Failing to follow the trust terms or respond to communications.

When motives like these show up, it's time to consider taking legal steps.

How Long Should Trust Administration Take in California?

Most beneficiaries don't expect their inheritance the next day. At some point, though, the waiting stops making sense. So how long is too long?

Typical Timeframes for Different Types of Trusts

• Simple Trusts: If the trust only includes bank accounts or a house, administration might wrap up within 6 to 12 months.
• Complex Trusts: If the trust involves ongoing businesses, multiple properties, or multiple beneficiaries, things might take longer—often 12 to 18 months or more.
• Statutory Guidelines: While the law doesn't give a hard deadline, courts expect trustees to act within a "reasonable time" based on the trust's complexity.

When Delays Become Unreasonable

Watch for these warning signs:

• No Communication: The trustee doesn't respond to emails, calls, or letters.
• No Accounting: You haven't seen any financial records, even months after someone's death.
• Excuses with No Timeline: The trustee gives vague explanations but can't provide a clear plan.

California courts often look at what other trustees would do in the same situation. If most trustees would've completed distributions by now, the delay may no longer be reasonable.

What Legal Actions Can I Take Against a Non-Compliant Trustee?

If a trustee won't follow the trust's terms or fails to keep beneficiaries informed, you can take legal steps to force action or even remove them. Below are the main actions beneficiaries commonly pursue under California law.

Formal Demand Letters and Their Requirements

A demand letter is often the first step. It puts the trustee on notice that you're serious. It also creates a paper trail in case you later need to go to court. For a demand letter to be effective, you need:

• Clear Identification: State the trust's name and the date it was created.
• Specific Request: Say exactly what you want, whether it's a distribution, an accounting, or information.
• Legal Basis: Reference relevant California Probate Code sections (like §§16060 for the duty to inform or §16061 for the duty to account).
• Deadline: Set a deadline for response, 30 days is common.
• Attached Evidence: Include any trust documents or prior communications that support your request.

If the trustee ignores the letter, you'll have strong evidence that they've failed to act in good faith.

Petition the Court for Trustee Removal

When a trustee refuses to do their job, or abuses their power, you can ask a judge to remove them. Common legal grounds for removal include:

• Breach of fiduciary duty (e.g., using funds for themselves)
• Mismanagement or failure to protect trust assets
• Refusing to make required distributions
• Failing to provide an accounting
• Conflicts of interest or dishonesty

Steps in the removal process:

1. File a petition in probate court asking for removal.
2. Serve notice to the trustee and other beneficiaries.
3. Submit evidence showing how the trustee has failed.
4. Attend a hearing, where the court will review the facts.

If the judge finds the trustee acted improperly, they'll remove them and appoint a replacement. This person will be either someone named in the trust or someone the court chooses.

Compel an Accounting or Distribution

The following California laws allow you to demand that a trustee produce records or make distributions:

• Probate Code §17200: Lets you file a petition to force a trustee to act.
• Probate Code §16062: Requires the trustee to provide an annual accounting.
• Probate Code §16061: Gives you the right to a written report of the trust's financial activity.

If they don't, you can take the matter to court.

How the process works:

• File a court petition describing the trustee's inaction.
• Include proof of previous requests (like your demand letter).
• Ask the court to order the trustee to provide an accounting or issue a distribution.
• The court will set a hearing and give the trustee a chance to respond.

If the trustee still refuses, the court can impose penalties or even hold them personally liable.

These legal actions don't just protect your inheritance; they hold the trustee accountable under California law. If you're in this situation, consider talking to a trust litigation attorney. A lawyer can help you choose the right action, draft effective filings, and present your case in court if needed.

Can I Recover Damages from a Problematic Trustee?

Delays and misconduct sometimes cause financial harm. California law allows you to go after the trustee for damages in certain cases.

Potential Financial Remedies Available

• Surcharge Actions: You can ask the court to make the trustee personally repay money lost due to bad decisions or mismanagement.
• Lost Investment Returns: If their delay caused missed opportunities, you might recover the lost earnings.
• Attorney's Fees and Costs: Courts often make trustees who act in bad faith cover legal costs.
• Punitive Damages: In extreme cases, a court might award extra damages to punish intentional wrongdoing.

Statute of Limitations for Trust Claims

You don't have forever to act.

• Trust Misconduct: Claims must usually be filed within 3 years of learning about the issue.
• Accounting Issues: If the trustee gives a proper accounting, you may only have 180 days to raise objections.
• Exceptions: In cases of fraud or concealment, courts might give extra time.

Missing a deadline could mean losing your chance to recover what you're owed.

How Can an Estate Litigation Attorney Help Me?

When a trustee refuses to cooperate or follow the terms of a trust, it often takes more than polite requests to get results. An estate litigation attorney knows how to apply pressure in the right places, legally and strategically.

The Value of Legal Representation

Attorneys who focus on trust disputes bring a practical understanding of how these cases play out in California probate courts. They know how to spot breaches of duty, identify the right legal remedies, and use court procedures effectively to push for results.

They can:

• Write demand letters that trustees take seriously
• Back up your claims with legal citations and evidence
• Use their experience to anticipate trustee tactics
• Represent you in hearings and negotiations

In many cases, just having an attorney involved can shift the dynamic. Trustees who stall or ignore beneficiaries often respond quickly when they know legal action is coming.

Case Assessment and Strategy Development

An attorney doesn't just file paperwork, they look at the big picture. They'll review your situation, assess the strength of your case, and help you understand the options that make the most sense for your goals. That might include going to court or exploring informal resolution methods like mediation.

You'll get a clearer picture of what steps are worth taking and what to expect at each stage. This kind of guidance can help you avoid wasted time, unnecessary costs, and ongoing stress.

What Should I Do While Waiting for a Trust Resolution?

If you're in a holding pattern with a trustee, use that time to prepare. What you do now can strengthen your case later.

Practical Steps to Protect Your Interests

• Keep Records: Save emails, texts, and letters. Print copies if needed.
• Avoid Angry Messages: Stay civil. Let your lawyer do the talking when tensions run high.
• Talk to a Financial Planner: Plan your finances without counting on the inheritance until it's resolved.
• Take Care of Yourself: Disputes like these wear people down. Support from friends, therapy, or counseling helps you stay grounded.

Building Your Case

• Create a Timeline: Note when you requested documents, asked for updates, or expected a distribution.
• Track Communication: Log every call, message, or letter. Be sure to note what was said and when.
• Start Gathering Evidence: Photos of property, tax forms, or witness statements could come in handy.
• Consider Expert Witnesses: If accounting or asset valuations are in dispute, expert testimony might help.

Contact Our Skilled Estate and Trust Lawyers Now

Delays from a trustee shouldn't stop you from receiving your rightful inheritance. Whether you're dealing with missed deadlines, ignored requests, or outright misconduct, the law gives you tools to act.

At Trust Law Partners, we help California beneficiaries like you hold trustees accountable. Our team understands the legal process, the timelines, and the tactics trustees often use to delay distributions. We'll review your case, explain your options, and help you take the next steps—without pressure.

Call 833-979-3399 today for a free consultation. Let's talk about what's happening and how we can help resolve it.