When Trustees Fail to Communicate: Your Legal Options in California

One of the most frustrating situations for trust beneficiaries is dealing with a trustee who won't communicate. Unanswered phone calls, ignored emails, vague responses, or complete radio silence can leave you anxious, frustrated, and wondering if something is wrong.

The good news is that California law requires trustees to keep beneficiaries reasonably informed about trust administration. When trustees fail this duty, you have legal options.

The Trustee's Duty to Communicate

What the Law Requires

California Probate Code Section 16060 states that a trustee must "keep the beneficiaries of the trust reasonably informed of the trust and its administration."

This isn't a suggestion—it's a legal duty. Trustees who fail to communicate properly breach their fiduciary obligations.

What "Reasonably Informed" Means

The law requires trustees to provide:

• Initial notice within 60 days that you're a beneficiary (Probate Code §16061.7)
• Responses to reasonable requests for information
• Accountings showing all trust transactions (at least annually)
• Updates about significant trust matters
• Explanations of trustee actions and decisions
• Timeline information about when administration will be complete

Reasonable Communication Standards

While trustees don't need to respond to every question immediately, reasonable communication includes:

Response Time:

• Simple questions: 7-14 days
• Complex requests: 30-60 days
• Accounting requests: 60 days
• Trust document requests: 60 days

Method:

• Phone, email, or written correspondence
• Direct responses, not avoidance
• Clear explanations, not vague statements

Frequency:

• At least quarterly updates during active administration
• Annual accountings
• Prompt notification of major decisions or issues

Common Communication Failures

Complete Silence

The most extreme failure is when the trustee:

• Never sends the required 60-day notice
• Doesn't respond to any calls, emails, or letters
• Provides no information about trust administration
• Disappears entirely

Why this happens:

• Trustee is overwhelmed and avoiding responsibility
• Trustee doesn't understand their legal duties
• Trustee is hiding mismanagement or theft
• Trustee has personal conflicts with beneficiaries

Vague or Evasive Responses

Some trustees communicate but provide no real information:

• "Everything is fine"
• "I'm working on it"
• "It's complicated"
• "I'll get to that eventually"
• "The attorney is handling it"

Red flag: If you get vague responses repeatedly and can never get specific information, the trustee may be avoiding accountability.

Selective Communication

The trustee communicates with some beneficiaries but not others:

• Shares detailed information with favored family members
• Ignores or dismisses requests from certain beneficiaries
• Responds to some but not all of your requests
• Provides different information to different beneficiaries

This violates the duty of impartiality—trustees must treat all beneficiaries fairly.

Delayed Responses

The trustee eventually responds but takes unreasonably long:

• Months to answer simple questions
• Never meets promised deadlines
• Always has excuses for delays
• Promises information "soon" that never arrives

Aggressive or Hostile Communication

Some trustees respond but in inappropriate ways:

• Angry or defensive responses
• Accusations that you're being difficult
• Threats to "take your time" with administration if you keep asking
• Refusal to answer "stupid questions"
• Telling you that you have no right to information

This is also a breach - Trustees must communicate professionally and appropriately.

Why Trustees Fail to Communicate

Understanding why can help you determine next steps:

Lack of Knowledge

Many trustees don't know:

• They have a legal duty to communicate
• What information beneficiaries are entitled to
• How to prepare accountings
• What notices are required

Solution: A simple letter explaining their duties may prompt compliance.

Overwhelmed by Responsibility

Trust administration is complex. Some trustees:

• Don't know where to start
• Are paralyzed by the complexity
• Haven't hired professional help
• Are avoiding the task because it's overwhelming

Solution: Suggesting professional help may resolve the issue.

Hiding Problems

Trustees may avoid communication because they:

• Have mismanaged trust assets
• Are stealing or self-dealing
• Made costly mistakes
• Haven't filed required tax returns
• Are in over their heads and embarrassed

Red flag: The longer a trustee avoids communication, the more likely there are serious problems.

Personal Conflicts

Family dynamics can cause communication failures:

• Old grudges and resentments
• Disputes over the settlor's intent
• Trustee feels entitled to assets
• Jealousy or favoritism among siblings

Reality: Personal feelings don't excuse legal duties.

Desire to Maintain Control

Some trustees view beneficiary questions as:

• Challenges to their authority
• Interference with administration
• Unnecessary involvement

Reality: Beneficiaries have a legal right to information. Trustees don't have unchecked power.

Steps to Take When a Trustee Won't Communicate

Step 1: Document the Problem

Before taking legal action, create a detailed record:

Keep track of:

• Dates of all attempted contacts
• Method used (phone, email, certified mail)
• What you requested
• Whether you received a response
• Content of any responses received
• Dates of any promises made

Example log:

1/15/25 - Called trustee, left voicemail requesting update
1/20/25 - Sent email requesting trust document copy
1/27/25 - Called again, no answer
2/1/25 - Sent certified mail requesting accounting (tracking #12345)
2/15/25 - No response received to any contacts

Step 2: Send a Formal Written Request

Put your request in writing via certified mail:

[Date]

[Trustee Name]
[Address]

Re: Request for Information - [Trust Name]

Dear [Trustee]:

I am a beneficiary of the [Trust Name]. I have attempted to contact you multiple times [list dates and methods] without receiving a response.

California Probate Code Section 16060 requires trustees to keep beneficiaries reasonably informed of trust administration. I am entitled to the following information:

1. Copy of the complete trust document
2. Accounting of all trust transactions from [date of death] to present
3. Current status of trust administration
4. Timeline for distributions

Please provide this information within 30 days of this letter. If you do not respond, I will have no choice but to petition the probate court to compel you to fulfill your legal duties.

Sincerely,
[Your name]

Send via:

• Certified mail with return receipt
• Keep copies of everything

Step 3: Consult an Attorney

If the trustee doesn't respond within 30 days, consult a trust litigation attorney.

An attorney can:

• Assess whether the trustee has breached their duties
• Send a more forceful demand letter
• Advise on the strength of your potential claims
• Explain the petition process
• Represent you in court if necessary

Step 4: Send Attorney Demand Letter

Many times, a letter from an attorney prompts compliance:

Attorney demand letters typically:

• Reference specific Probate Code violations
• Demand specific information by a deadline
• Warn of court action if trustee doesn't comply
• Request attorney's fees and costs
• Create a formal record for potential litigation

Success rate: Many trustees comply after receiving attorney demands, avoiding court.

Step 5: File Court Petition

If the trustee still doesn't respond, you can petition the probate court for:

Available Remedies:

1. Order compelling communication - Court orders trustee to provide information
2. Accounting order - Court orders trustee to file formal accounting
3. Suspension - Court suspends trustee's powers pending compliance
4. Removal - Court removes trustee for breach of duty
5. Surcharge - Court orders trustee to pay damages
6. Attorney's fees - Court orders trust to pay your attorney's fees

Court Petitions: What to Expect

Petition for Accounting

What it does:

• Requests court order requiring trustee to provide accounting
• Shows all trust assets, income, expenses, and distributions

What you'll need:

• Evidence of your status as beneficiary
• Proof you requested accounting
• Proof trustee failed to provide it

Timeline:

• File petition: 1 hour with attorney
• Court hearing: 30-60 days after filing
• Accounting due: 30-60 days after court order

Petition for Instructions

What it does:

• Asks court to instruct trustee on their duties
• Clarifies trustee's obligation to communicate

When to use:

• Trustee claims they don't have to provide information
• Trustee is confused about their duties
• Need court guidance on specific issues

Petition for Removal

What it does:

• Requests court remove trustee for breach of duty
• Appoints new trustee

Grounds for removal (Probate Code §15642):

• Failure to communicate is breach of duty
• Persistent failure to administer trust effectively
• Hostility to beneficiaries impairing administration

What you'll need to prove:

• Specific instances of communication failure
• Pattern of non-responsiveness
• Harm or risk of harm to trust
• Suitable successor trustee

Attorney's Fees and Costs

Who Pays?

In many trust disputes, the prevailing party can recover attorney's fees from the trust.

You can likely recover fees if:

• Trustee clearly breached duty to communicate
• You made reasonable efforts to resolve informally
• Court orders trustee to comply
• You substantially prevail on your petition

This means: You may not have to pay out-of-pocket to enforce your rights.

Fee Arrangements

Attorneys handling trust disputes may offer:

Hourly billing:

• Pay for actual time spent
• Typical rates: $300-$600/hour
• Suitable for straightforward cases

Contingency:

• Attorney paid percentage if you recover damages
• Common in cases involving trustee theft or mismanagement
• No upfront cost

Hybrid:

• Reduced hourly rate plus contingency percentage
• Balances risk

Statutory fees:

• For some petitions, fees are set by statute based on estate value
• Typically paid from trust assets

Alternative Dispute Resolution

Before going to court, consider:

Mediation

What it is:

• Neutral third party helps parties reach agreement
• Informal process
• Parties agree on resolution

Benefits:

• Less expensive than litigation
• Faster resolution
• Preserves family relationships
• Confidential

When to use:

• Communication failure stems from family conflict
• Parties are willing to negotiate
• Trust issues are resolvable

Trust Protectors

Some trusts designate a "trust protector" who can:

• Remove and replace trustees
• Resolve disputes
• Modify trust terms

If your trust has a protector, contact them about the communication issues.

When Communication Failure Indicates Bigger Problems

Lack of communication often masks serious issues:

Warning Signs

Be especially concerned if trustee avoids communication AND:

• Large sums are unaccounted for
• Trust assets are diminishing
• Trustee is living in trust property
• Trustee transferred assets to themselves
• Years have passed with no distributions
• Other beneficiaries report similar problems
• Trustee has financial troubles
• Former trustee warns you about problems

Potential Issues Hidden by Silence

• Theft or embezzlement - Trustee stole trust funds
• Self-dealing - Trustee used trust assets for personal benefit
• Mismanagement - Trustee made poor investments or decisions
• Tax problems - Trustee didn't file returns or pay taxes
• Waste - Assets deteriorating or being lost
• Conflicts of interest - Trustee prioritizing personal interests

Acting Quickly

If you suspect serious problems:

• Don't wait for the trustee to respond
• Consult an attorney immediately
• Consider emergency relief from the court
• Investigate independently if possible
• Request court-ordered freeze on assets

Special Situations

Trustee Lives Out of State

If the trustee lives far away:

• Duty to communicate remains the same
• Distance doesn't excuse non-responsiveness
• Phone and email make communication easy
• Consider petition to replace with local trustee

Professional Trustee

Banks and trust companies have heightened duties:

• Professional fiduciaries are held to higher standards
• Should have systems for regular communication
• Communication failures are less excusable
• May have internal complaint procedures

Co-Trustees

If there are multiple trustees:

• All trustees share duty to communicate
• Contact other trustees if one isn't responsive
• Co-trustees can't blame each other for failure
• Each is independently liable

Protecting Yourself

Don't Give Up

Frustrated beneficiaries sometimes think:

• "It's not worth the hassle"
• "I don't want to create family conflict"
• "Maybe they'll eventually respond"

Reality: Trustee misconduct often worsens over time. Protecting your rights early is crucial.

Set Boundaries

If a trustee does eventually respond:

• Establish clear expectations for future communication
• Agree on regular update schedule
• Get commitments in writing
• Follow up on promises
• Document all communications

Know Your Rights

Remember:

• You have a legal right to information
• Trustees have a legal duty to communicate
• Communication failure is a breach of fiduciary duty
• Courts take these breaches seriously
• You can likely recover attorney's fees

Conclusion

When a trustee fails to communicate, it's more than frustrating—it's a violation of their fiduciary duty. You don't have to accept silence, vague responses, or hostile communication.

Your action plan:

1. Document everything - Keep records of all attempts to communicate
2. Request in writing - Send formal certified mail requests
3. Set deadlines - Give specific, reasonable deadlines for response
4. Consult attorney - Get legal advice if trustee doesn't comply
5. File petition - Use court system to enforce your rights
6. Recover fees - You can likely get attorney's fees if you prevail

Trust administration requires communication. Trustees who won't communicate aren't fulfilling their legal duties—and you have every right to hold them accountable.

Related Articles

Learn more about trustee duties and beneficiary rights:

• Common Trust Administration Mistakes California - Failure to communicate is one of the most common trustee mistakes leading to removal and surcharge.

• Trustee Removal California: Process and Grounds - When lack of communication justifies trustee removal and how to petition the court.

• Trust Contest California: Grounds and Process - If trustee concealed trust terms or failed to provide notice, you may have grounds to contest the trust itself.

• Undue Influence in California Trusts - Trustee isolation of settlor and failure to communicate with family may indicate undue influence.

• Trust Mediation and Settlement California - Resolving communication disputes through mediation before escalating to litigation.

Need Help With an Unresponsive Trustee?

If you're dealing with a trustee who won't communicate or provide information, our experienced trust litigation attorneys can help enforce your rights. We represent beneficiaries throughout California in trust disputes and petitions to compel trustee compliance.

Contact us for a consultation to discuss your options.

This article is for informational purposes only and does not constitute legal advice. Trust litigation can be complex and fact-specific. Consult with a qualified California trust attorney about your specific circumstances.