Trusts, wills and family money
The trustee of my parent's trust won't tell me anything or pay out my share. What can I do in California?
Based on an interview with Josué Cristóbal Guerrero, Founding Partner, recorded .
The short answer
Ask in writing for a copy of the trust and an accounting. Those are the two big rights a California beneficiary usually has once the trust can no longer be changed. If the trustee still will not do the job, you can petition the court to compel them, remove them, or seek damages.
What you are entitled to
On request, the trustee must give a beneficiary the terms of the trust. The duty to account runs to beneficiaries who are entitled to current distributions, or who may receive them at the trustee's discretion, and it applies at least annually, at termination, and when the trustee changes. A trust or a beneficiary can waive the accounting, though a court can still compel one if a material breach is reasonably likely. The trust itself may give you more rights.
One limit: while the trust can still be revoked by a competent settlor, the trustee answers to the settlor and not to you. See our answer on parents who are still alive.
What the court can do
A petition can ask the court to order the trustee to behave properly or to remove them. It can come with damages and related claims: breach of fiduciary duty, breach of the duty of loyalty, breach of the duty to account. Whether a trustee has violated one of those duties is very fact specific, so consult an attorney.
- Probate Code section 16060.7. On request, the trustee shall provide the terms of the trust to the beneficiary.
- Probate Code section 16062. The trustee shall account at least annually to beneficiaries entitled or eligible to receive current distributions.
- Probate Code section 16064. When the duty to account does not apply, and when a court can compel an account anyway.
- Probate Code section 15800. While a trust is revocable and the holder of the power is competent, the trustee's duties run to that person.
This answer is general information about California law and is not legal advice for any specific situation. Deadlines and exceptions turn on your facts. Code sections were checked against California Legislative Information on November 4, 2026.
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