The Trustee Won’t Communicate With Me
A California trustee has a legal duty to keep beneficiaries reasonably informed under Probate Code section 16060. Silence is not merely rude; it is a potential breach of fiduciary duty. You can demand information in writing, then petition the probate court to compel disclosure, an accounting, or removal.
Silence is a breach, not a personality trait
Beneficiaries often assume an unresponsive trustee is simply difficult, disorganized, or grieving. California law takes a different view. Probate Code section 16060 imposes an affirmative duty on the trustee to keep beneficiaries reasonably informed of the trust and its administration. A trustee who does not respond to reasonable requests is not merely being unhelpful; the conduct may itself constitute a breach of fiduciary duty. Section 17200 gives any beneficiary the right to petition the probate court concerning the internal affairs of the trust, including to compel an accounting, compel the trustee to report information, instruct the trustee, or seek removal. Section 15642 permits removal for breach of trust, unfitness, failure to act, and other good cause. A documented pattern of unanswered written requests is often the most persuasive evidence a petitioner has, which is why the written record matters more than the phone calls.
Sources: Probate Code s.16060 - Trustee duty to inform and report · Probate Code s.17200 - Petitions concerning internal affairs of trust · Probate Code s.15642 - Removal of trustee · Verified 2026-08-03.
The escalation path
| Step | Action | What it builds |
|---|---|---|
| 1 | Written request for the trust document | Establishes the request and the date |
| 2 | Written demand for an accounting | Triggers the accounting obligation |
| 3 | Formal demand letter from counsel | Signals seriousness; often sufficient |
| 4 | Petition under §17200 | Court-ordered compliance |
| 5 | Removal petition under §15642 | Replaces the trustee |
Do not let the deadline run while you wait. A trustee’s silence does not pause the 120-day contest period. Check your deadline.
Need help with legal fees?
We litigate select cases on contingency, with no upfront fees.
Costs are separate from the fee, and whether you are responsible for them is set out in the written agreement before you sign anything.
How contingency fees work in California
A contingency fee means the attorney is paid from what is recovered rather than by the hour, so a beneficiary who cannot fund litigation out of pocket can still bring a claim. California regulates these agreements closely. Under Business and Professions Code section 6147, the agreement must be in writing and the attorney must give the client a duplicate copy, signed by both, when the contract is made. It must state the agreed contingency rate; how disbursements and costs incurred in prosecuting or settling the claim will affect that fee; and to what extent the client could be required to pay for related matters. Unless the matter falls under section 6146, the agreement must also state that the fee is not set by law and is negotiable. These are not formalities: failure to comply with any provision of section 6147 makes the agreement voidable at the client’s option, leaving the attorney entitled only to a reasonable fee.
Sources: Business and Professions Code s.6147 - Contingency fee contracts · Verified 2026-08-03.
Not every matter suits a contingency arrangement, and the firm does not take every case on one. Whether yours qualifies depends on the facts, the likely recovery, and the assets actually available to satisfy a judgment. Ask when you call.
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