Asking the Court to Instruct the Trustee

Emily just received a letter from her brother, the trustee of her mother’s trust. He’s decided, unilaterally, to sell the family beach house – a property Emily and her siblings always assumed they’d inherit jointly. Emily has a sinking feeling he’s acting in his own best interest, not the trust’s. She’s contacted me, understandably upset, and asking what she can do. Sadly, this is a far more common scenario than people realize, and it highlights a critical power imbalance inherent in trust administration. The trustee holds all the cards…unless you know how to play yours. The cost of inaction? Losing a cherished family asset.

As an Estate Planning Attorney and CPA with over 35 years of experience in Moreno Valley, California, I’ve seen firsthand how quickly trust disputes can escalate. Often, these disagreements aren’t about malice; they’re about differing interpretations of the trust document or simply a lack of transparency from the trustee. But even well-intentioned trustees can make mistakes or operate under incorrect assumptions. That’s where a court order can provide vital clarity – and a much-needed level playing field. The advantage of having a CPA on board during these disputes is often underestimated. We can perform a step-up in basis analysis to determine the tax implications of a sale, calculate potential capital gains, and provide an independent valuation of the assets, all critical factors in ensuring the trustee’s decisions are financially sound.

Can a Beneficiary Directly Tell a Trustee What to Do?

The short answer is no. Trustees have a fiduciary duty to administer the trust according to its terms, and beneficiaries don’t have the direct authority to dictate their actions. However, that doesn’t mean you’re powerless. You have a right to information and accountability. While you can’t order the trustee to do something, you can certainly request it – in writing. Document everything. Keep copies of all correspondence, and if the trustee ignores your requests or provides unsatisfactory responses, that’s when it’s time to consider involving the court.

What Happens When a Trustee Won’t Cooperate With a Beneficiary’s Requests?

If a trustee refuses to provide information or accountings, or is making decisions that seem detrimental to the trust, you can file a petition with the Probate Court. Probate Code § 16060 & § 16062 states that trustees have an affirmative duty to keep beneficiaries “reasonably informed” and provide a formal accounting at least annually. Filing a petition isn’t a declaration of war. It’s a formal request for the court to intervene and enforce your rights. The court can compel the trustee to provide the information you need, and if the trustee’s actions are found to be unreasonable or in violation of their fiduciary duty, they could be held personally liable for any losses.

What Types of Court Orders Can Be Sought in a Trust Dispute?

There are several types of orders a beneficiary can petition the court to issue. These include:

• Order to Provide Information: Compels the trustee to disclose relevant documents, such as trust statements, investment records, and correspondence.
• Order to Render an Accounting: Requires the trustee to prepare and submit a detailed accounting of all trust income, expenses, and distributions.
• Order to Sell Property: While less common, a court can even override a trustee’s decision regarding the sale of trust assets if it’s deemed not in the best interest of the beneficiaries.
• Order to Remove Trustee: This is a more drastic step, but it’s possible to petition the court to remove a trustee who is demonstrably unfit or failing to fulfill their duties. Probate Code § 15642 allows for removal not just for theft, but for “hostility or lack of cooperation” that impairs the trust’s administration.

It’s important to remember that litigation is rarely quick or inexpensive. However, sometimes it’s the only way to protect your inheritance and ensure the trust is administered fairly.

What if the Trust Document Seems Ambiguous?

Trusts are legal documents, and sometimes the language can be open to interpretation. If there’s a disagreement over the meaning of a particular clause, the court can provide a formal “interpretation” of the trust. This ruling will be binding on all parties involved, providing much-needed clarity and preventing future disputes.

What About Missing Assets? The Heggstad Petition.

Sometimes, beneficiaries discover an asset listed on the trust schedule hasn’t been formally retitled into the trust’s name. The Heggstad Petition (Probate Code § 850) allows you to petition the court to confirm its status as a trust asset, avoiding separate probate proceedings. This is especially crucial with real estate and bank accounts.

Finally, don’t wait. If you suspect a trustee is acting improperly, it’s crucial to seek legal counsel immediately. The longer you wait, the more difficult it may become to protect your rights.

What separates an efficient California probate process from a drawn-out conflict over authority and assets?

Success in probate court depends less on the size of the estate and more on the accuracy of the petition and the behavior of the fiduciary. Whether the issue is a forgotten asset, a contested creditor claim, or a disagreement among siblings, understanding the procedural triggers for court intervention is the best defense against prolonged administration.

To protect against specific family risks, review intestate succession conflicts, check for omitted heirs and pretermitted children, and be vigilant for signs of financial abuse concerns.

A stable probate administration outcome usually follows from clarity, consistency, and readiness for court review, especially when multiple stakeholders and competing interpretations are involved. When documentation supports enforcement and timelines are respected, families are less likely to face preventable escalation.

Verified Authority on California Beneficiary Rights

• Statutory Notification Window (The “120-Day Rule”): California Probate Code § 16061.7
  This is the most critical statute for beneficiaries. Once a trustee serves this formal notice, you have exactly 120 days to file a contest. If you miss this deadline, you are generally forever barred from challenging the validity of the trust, regardless of the evidence you have.
• Right to Accounting & Information: California Probate Code § 16060 (Duty to Inform)
  Trustees have a mandatory legal duty to keep beneficiaries “reasonably informed” about the trust and its administration. Under Probate Code § 16062, most trustees must provide a formal financial accounting at least once a year. If they refuse, the court can compel them to do so.
• Inheriting Real Estate (Prop 19): California State Board of Equalization (Prop 19)
  Beneficiaries must understand that inheriting a home no longer guarantees low property taxes. Under Prop 19, to avoid reassessment to current market value, the child must make the home their primary residence within one year of the parent’s death.
• No-Contest Clause Enforceability: California Probate Code § 21311
  Fear of disinheritance often stops beneficiaries from fighting for their rights. However, this statute clarifies that a No-Contest clause is only enforceable if the contest is brought without “probable cause.” If you have a reasonable basis for your claim, your inheritance is likely safe.
• Recovering Trust Assets (Heggstad): California Probate Code § 850 (Heggstad Petition)
  If a beneficiary finds that a parent intended an asset to be in the trust but failed to sign the deed or change the account title, a Section 850 Petition allows the court to “transfer” that asset into the trust without a full probate proceeding.
• Removal of a Bad Trustee: California Probate Code § 15642
  Beneficiaries have the right to petition for the removal of a trustee who is unfit. Grounds for removal include excessive compensation, inability to manage finances, or “excessive hostility” toward beneficiaries that interferes with the trust’s administration.