If a trustee is refusing to share information, there is something you can do about it. California law provides beneficiaries powerful tools that let you demand transparency, or even a formal accounting. Trustees are required to keep beneficiaries reasonably informed about the trust and how it is being administered. If they don’t, you can enforce the rights you have through the court system.
At Weed Law Group, PC, our California estate law attorneys are here to help. We help beneficiaries enforce their rights and hold trustees to account for their actions.
The Trustee’s Legal Duty to Inform
California law is very clear, and puts specific fiduciary duties on trustees. This includes their duty to inform you of the trust and how it is administered. This can include the sharing of documents related to it, answering your questions, and providing any updates about significant transactions related to the trust.
If a trustee refuses to cooperate, they may be violating their duties. Withholding documents or delaying responses to avoid transparency are often signs that something is wrong, and that you may need to take steps in response.
When Silence Becomes a Breach of Trust
If a trustee is refusing to share information with you, it can be more than just frustrating. It can actually be a breach of their fiduciary duty. Under California law, beneficiaries are allowed to seek remedies for these breaches, such as:
- Compelling the trustee to perform duties
- Reducing or denying trustee compensation
- Surcharging the trustee for losses
- Removing the trustee
If a trustee is hiding information or self-dealing in some way, this is extremely serious. The trustee’s silence may be a sign that something isn’t right with the way the trust is being handled. An estate and trust litigation attorney can help investigate and pursue the matter for you.
How Beneficiaries Can Compel a Trust Accounting
If your other efforts to get what you need fail, you might have to file a petition to ask the court for a formal accounting. This occurs under Probate Code §17200.
A §17200 petition can request:
- A complete trust accounting
- Copies of the trust instrument and amendments
- An explanation of transactions
- Suspension or removal of the trustee
- Surcharges for losses caused by misconduct
Once filed, the court can order the trustee to produce a compliant accounting within a set timeframe. Failure to comply may result in sanctions or removal.
Why Trustees Resist and Why It Doesn’t Matter
Trustees often withhold information because they:
- Don’t understand their duties
- Feel overwhelmed by administration
- Want to avoid scrutiny
- Are hiding mistakes or misconduct
None of these excuses are actually acceptable. Beneficiaries have rights they are allowed to enforce. Courts will routinely compel an accounting if a trustee fails to comply with their requirements. If informal methods of fixing the trustee relationship fail, court intervention may be necessary.
What Happens After the Court Orders an Accounting
Once the court orders an accounting, the trustee must produce a detailed report that meets statutory requirements. Beneficiaries can then:
- Object to improper transactions
- Challenge excessive trustee fees
- Request clarification or supporting documents
- Seek further remedies if the accounting reveals misconduct
If the trustee continues to resist, the court may remove them and appoint a successor trustee. This is a very serious remedy, but it may be required under the circumstances.
Get Help If You’re Having an Issue with Your Trustee
A trust is designed to benefit the beneficiaries, not be abused by the trustee. If the trustee refuses to be transparent or provide you the information you’re entitled to, you can compel a trust accounting.
Our team at Weed Law Group, PC are ready to help with your needs. Contact us today for a consultation.