Marissa’s father passed away over a year ago, and as a named beneficiary of his trust, she expected a timely distribution. Instead, she’s been met with silence, delays, and excuses from her sibling, the trustee. The trust was supposed to provide funds for her child’s education and help with housing, but nothing has come through.
In California, trustees have a legal duty to act in the beneficiaries’ best interests and follow the trust’s terms. When they fail to do so, the law provides ways to hold them accountable.
If you’re waiting for a trust distribution that never comes, and the trustee won’t distribute assets, you’re not alone. We’ll walk you through your rights, the obligations of a trustee, and what steps to take when things go wrong.
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Understanding the Trustee’s Role and Timeline
Under California law, a trustee is a fiduciary with specific duties. This means they must act in good faith, avoid self-dealing, and act solely in the interest of the beneficiaries. If the trust calls for a distribution, the trustee must make it “within a reasonable time” after the trust becomes irrevocable, typically when the settlor dies.
So, how long does a trustee have to distribute assets in California? There’s no hard deadline written into every trust. Still, general guidance suggests that a trustee should begin the distribution of trust assets within 12 to 18 months after death unless legal or tax issues justify a delay. Prolonged silence or vague explanations are not acceptable.
Is It Legal for a Trustee Not to Distribute Assets?
A trustee not distributing assets may be acting illegally or breaching their fiduciary duty. But before jumping to conclusions, it’s essential to understand why a delay may occur. Valid delays may include:
- The need to file estate or trust tax returns;
- Debts or creditor claims requiring resolution before distributing funds;
- Pending appraisals, valuations, or title issues on trust property; and
- Court supervision or litigation that temporarily freezes trust assets.
However, trustee inaction becomes a problem when they:
- Refuse to give a timeline or status update,
- Withhold distributions without explanation,
- Deny requests for accountings,
- Use trust funds for personal gain, or
- Act with favoritism or hostility toward certain beneficiaries.
If you encounter these red flags, it may be time to take legal action.
What to Do When the Trustee Won’t Distribute Assets
You don’t have to wait indefinitely. California law gives beneficiaries powerful tools to enforce their rights. Start by communicating your concerns. Ask for a clear distribution timeline and a written explanation for the delay. If the trustee hasn’t provided one, request a formal trust accounting.
If that doesn’t resolve the issue, consider the following steps:
- File a petition for accounting. You can ask the probate court to compel the trustee to provide a full accounting of trust activity.
- Request the trustee’s removal. If there is clear evidence of the trustee breaching their duty, a judge can remove and replace them.
- Seek a court-ordered distribution. The court can order the trustee to distribute assets according to the trust terms.
- Sue for damages. If the delay caused financial harm, you may be entitled to compensation and attorney’s fees.
- Ask for surcharge penalties. A court may impose financial consequences for mishandling trust property.
Beneficiaries in California have the legal standing to petition the court at any point during the trust’s administration.
Key Documents and Evidence to Gather
Before going to court, it’s essential to have key information organized. These items can strengthen your petition and show that you made a good-faith effort to resolve the issue:
- A copy of the trust document;
- Written communications with the trustee (e.g., emails, letters, texts);
- Any prior accountings or statements received; and
- Evidence of missed deadlines, ignored requests, or concerning transactions.
These records give the court context and help reinforce your position.
What California Courts Consider
California law allows beneficiaries to petition the court regarding trust administration, including compelling or modifying distributions. When reviewing a petition, courts consider:
- The trustee’s conduct and reasons for delay,
- Whether the trust document has clear distribution terms,
- The impact on beneficiaries,
- Whether prior accountings were complete and timely, and
- Whether removal is necessary to protect the trust.
The process isn’t necessarily adversarial. Many cases settle with court oversight or mediation. However, a formal petition can send a strong message that delay is no longer acceptable.
Tired of getting silence or excuses from a trustee?
You don’t have to wait forever. We’ll help you understand your legal rights and what steps you can take to get the answers—and the assets—you’re owed.
Frequently Asked Questions
How Long Does a Trustee Have to Distribute Assets in California?
There’s no fixed deadline, but most distributions should occur within 12 to 18 months of the grantor’s death. Delays beyond that may cause concern, especially if no explanation is provided.
Can I Sue a Trustee for Not Distributing Assets?
Yes. If a trustee violates their fiduciary duty, you can petition the probate court to compel a distribution, remove the trustee, or seek damages.
What If the Trustee Refuses to Communicate with Me?
Lack of communication may, itself, be a breach of duty. You can formally request an accounting or file a petition with the court to get the information you’re entitled to.
Why Work with Geremia & Cullen, PC
At Geremia & Cullen, PC, we’ve helped California families resolve trust disputes with honesty, strategy, and compassion. Whether you’re dealing with a trustee not distributing assets or need to understand your rights as a beneficiary, we’re ready to step in.
We bring over 25 years of combined legal experience, nearly 40 five-star client reviews, and a reputation for clear communication. We return every call, explain every step, and offer flexible payment plans, including contingency representation in select trust litigation matters. We focus on results that help you move forward with peace of mind.
Don’t Wait to Get the Answers You Deserve
You shouldn’t have to chase down what was promised to you. If a trustee won’t distribute assets, you have rights, and the law is on your side. Whether you’re just starting to ask questions or ready to take action, we can help you explore your options.
You’ve waited long enough. Let’s talk about how to move forward. Contact us today.
Resources:
- Trustee’s Standard of Care, Cal. Prob. Code, §§ 16040-42 (1990), link.
- Superior Court of California, County of Santa Clara, Probate Trusts, link.
- PolicyGenius, How to distribute trust assets to beneficiaries (January 2024), link.
- State of California Franchise Tax Board, Estate and trusts, link.
