Trustee Is Not Communicating With Beneficiaries in California

When a trustee stops returning calls, ignores emails, or refuses to provide basic information about trust assets, beneficiaries often feel powerless. California law imposes a clear duty to communicate—and gives beneficiaries escalating tools to enforce it.

What Is a Trustee's Duty to Keep Beneficiaries Informed?

A trustee must keep beneficiaries reasonably informed of the trust and its administration. This includes notifying beneficiaries when the trustee accepts the role, informing them of their right to request a copy of the trust and an accounting, and responding to reasonable inquiries about trust property and administration. The duty is not satisfied by silence punctuated by occasional vague reassurances.

The obligation begins the moment the trustee accepts the position. After a settlor dies, the trustee must notify each beneficiary in writing, provide the statutory disclosure of rights, and furnish contact information. From that point forward, the trustee is expected to answer reasonable questions, provide updates on material developments, and deliver an annual accounting showing all receipts, disbursements, and the current state of trust assets. A trustee who goes dark for months—or who responds only to say "everything is fine" without documentation—is likely breaching the duty.

As of August 2026, California trustees owe beneficiaries a continuing duty to keep them reasonably informed of the trust and its administration, including the duty to provide notice of acceptance, annual accountings, and responses to reasonable requests for information about trust assets and transactions. This duty applies to all irrevocable trusts and to revocable trusts after the settlor's death or incapacity. It does not cover revocable trusts while the settlor is alive and competent, nor does it require the trustee to disclose every minor decision or to respond to harassing or repetitive demands. Breach of the duty to inform may support a petition for removal, surcharge, or other remedies, and the trustee may be charged personally for costs and fees incurred by beneficiaries forced to compel compliance through court action.

Why Do Trustees Stop Communicating?

Some trustees are simply overwhelmed or inexperienced. Others are hiding something: self-dealing, commingled funds, or distributions made to one beneficiary at the expense of others. A few are following bad advice from non-specialist advisors who mistakenly believe silence protects the trust. Whatever the reason, prolonged silence is a red flag. Courts recognize that a trustee who refuses to account is often a trustee who cannot account.

Occasionally a trustee interprets "reasonably informed" to mean "told what I think they need to know." That is not the standard. Beneficiaries are entitled to enough information to protect their interests, monitor the trustee's performance, and enforce their rights. A trustee does not get to unilaterally decide that beneficiaries do not need to see bank statements, appraisals, or distribution records.

What Can Beneficiaries Do When a Trustee Will Not Communicate?

California law provides a ladder of remedies, each more formal than the last. Start with a written demand. Send the trustee a letter—email and certified mail—requesting specific information: a copy of the trust, an accounting for a defined period, a list of assets, or answers to concrete questions. State a reasonable deadline. Keep a copy. If the trustee ignores the demand, that silence becomes evidence in any later proceeding.

If the trustee still refuses, beneficiaries may file a petition in probate court to compel the trustee to provide an accounting, comply with the duty to inform, or both. The court can order the trustee to produce documents, answer interrogatories, and appear for examination. A trustee who disobeys a court order risks contempt sanctions, personal liability for the beneficiaries' attorney fees, and removal.

When the silence is part of a broader pattern—missed deadlines, unexplained asset transfers, refusal to distribute—beneficiaries may petition for removal and surcharge. Removal replaces the trustee with a neutral successor. Surcharge holds the trustee personally liable for losses caused by the breach, including the cost of hiring lawyers to force compliance. Both remedies are available when the trustee's conduct demonstrates a substantial failure to perform fiduciary duties.

Beneficiaries do not need to prove theft or fraud to act. The refusal to communicate is itself a breach. Courts have removed trustees for far less than outright embezzlement—persistent failure to account, refusal to respond to reasonable inquiries, and a pattern of secrecy are enough.

How Do You Prove a Trustee Is Not Communicating?

Document every attempt. Save emails, texts, voicemails, and certified-mail receipts. Note the dates you called and whether the trustee answered or returned the call. If the trustee does respond, save vague or evasive replies—"I'll get to it" or "everything is under control" without specifics—as evidence that the duty was not satisfied. If other beneficiaries are also being ignored, coordinate and share records; a pattern across multiple beneficiaries strengthens the case.

When you petition the court, attach this correspondence as exhibits. The trustee will be required to file a response, and the court will evaluate whether the trustee's level of communication met the legal standard. A trustee who cannot point to regular accountings, timely responses, and transparent records will struggle to defend the silence.

What Happens After You File a Petition?

The court sets a hearing. The trustee must file a written response and, if ordered, produce the accounting and documents. At the hearing, both sides present evidence and argument. The court may order immediate disclosure, set a schedule for future accountings, award attorney fees to the beneficiaries, or remove the trustee outright if the breach is severe. In some cases, the court appoints a temporary trustee or a referee to investigate and report back.

If the trustee's silence concealed self-dealing, unauthorized loans, or improper distributions, the court may impose a surcharge—a money judgment against the trustee personally—to make the trust whole. The trustee may also be ordered to pay the beneficiaries' legal fees and costs, on the theory that the beneficiaries should not have to spend their inheritance to enforce basic duties.

When Should You Talk to a Lawyer?

If a trustee has ignored your written demand or provided only partial, evasive responses, it is time to get help. A lawyer who handles trust litigation can evaluate whether the trustee's conduct rises to the level of breach, draft a demand letter that satisfies procedural requirements, and prepare a petition if the trustee continues to stall. The longer you wait, the more opportunity the trustee has to dissipate assets, destroy records, or claim that the delay waived your rights.

Many beneficiaries worry about the cost of going to court. California law allows the court to charge a breaching trustee personally for the fees and costs the beneficiaries incurred to compel compliance. That means if you win, the trustee—not the trust—pays. The risk of doing nothing is often greater than the cost of acting.

If you are dealing with a trustee who will not communicate, you are not alone, and you are not without options. The law is on your side. Call us at (415) 275-1492 any time, day or night, or tell us what happened in writing. Nothing you say commits you to anything—we will walk you through what comes next and what it takes to get the transparency you are owed.