What do you do when a trustee refuses to give you the financial documents you are entitled to as a beneficiary? Isn’t the trustee required to give you financial information? The answer is simple: YES.
The trustee has a duty to keep beneficiaries reasonably informed about the trust administration and assets. If you request financial information, the trustee must provide it to you in a reasonable time frame. What do you do if the trustee refuses?
In order to fix this problem, you have two options. You can try to write letters, texts or emails to the trustee demanding financial information. If you have a truly bad trustee, and a letter writing campaign is unsuccessful, your only choice for legally enforcing your rights is to file a petition in California probate court and ask the judge to issue orders. Unfortunately, it will be incumbent upon you to fix the problem by going to court.
In probate court, you can demand a formal accounting; you can subpoena bank account and financial records; you can even seek suspension or removal of the trustee for breach of fiduciary duty. Once you file a petition in probate court, you have the power of the court behind you to enforce your rights as a beneficiary.