Managing a trust, especially after the death of a loved one, can create tension, questions, and confusion. Trust beneficiary rights in California are often misunderstood, and many people don’t realize what they are legally entitled to. Whether you’re helping a parent manage their estate or were named as a beneficiary and haven’t received updates, it’s important to understand what you should expect from the trustee and what steps you can take.
What Is a Trust Beneficiary?
A trust beneficiary is someone who has been named to receive part of the assets held in a trust. These might include cash, property, or other accounts. A trustee manages these assets and has a legal responsibility to act in the best interest of the beneficiaries and carry out the instructions in the trust.
However, your rights and ability to enforce them depend on the type of trust and the specific terms written into it.
What Are Your Legal Rights as a Trust Beneficiary in California?
California law gives trust beneficiaries several rights, all of which exist to ensure fair treatment and prevent abuse or mismanagement.
Here’s what you are entitled to:
1. The right to receive a copy of the trust
If you’re named as a beneficiary, the trustee must provide you with a copy of the trust document.
2. The right to information
You can request details about the trust’s administration, including financial activity, distributions, and the current status of trust assets.
3. The right to an accounting
The trustee must provide a formal accounting, typically once a year, showing the assets, expenses, income, and distributions.
4. The right to timely distribution
If the trust directs that you receive a distribution, the trustee must act reasonably and on time.
5. The right to take legal action
If the trustee is not following the trust’s instructions or fails to act in the beneficiaries’ best interest, you can petition the court to intervene or replace the trustee.
These rights are outlined in the California Probate Code, particularly sections 16060–16069, which govern the duties of trustees and the rights of beneficiaries.
How to Find Out if You’re a Beneficiary
In some cases, family members may not be sure whether they’re named in a trust. If you’re unsure, here’s what you can do:
Ask the trustee directly.
If you know who is managing the trust, send a written request asking for confirmation and a copy of the trust.
Request a copy of the trust document.
Trustees are required to share this with beneficiaries.
Check with the probate court.
If the trust has been filed with the court, there may be public records confirming the trust and its named beneficiaries.
Trust beneficiaries have the right to trust information and documents. If they are ignored or denied access, it could be a sign of mismanagement.
Revocable vs. Irrevocable Trusts: What’s the Difference?
Your rights also depend on the type of trust involved.
- A revocable trust can be changed or cancelled by the person who created it (the grantor) at any time, until their death or incapacitation. During that period, beneficiaries don’t have any enforceable rights.
- An irrevocable trust cannot be changed once it’s established. In this case, beneficiaries have enforceable rights while the trust is active, even during the grantor’s lifetime.
Beneficiaries can request information and accounting for irrevocable trusts and hold the trustee accountable for managing funds.
Related Article: Whats the difference between a revocable trust and irrevocable trust
What to Expect From a Trust Accounting
An accounting is a detailed report prepared by the trustee or a qualified professional. In California, trust beneficiaries can request and receive this report.
It typically includes:
- A full list of trust assets
- Any income earned or expenses paid
- Distributions made to beneficiaries
- Fees charged by the trustee or others
If you’ve requested an accounting and received only vague summaries or spreadsheets, that’s not enough. A proper fiduciary accounting must follow a standard format and be detailed enough to review.
At Smith Marion, we prepare court-compliant accountings that meet California standards and provide the transparency beneficiaries need.
Common Concerns Beneficiaries Raise
Here are signs that something may be going wrong:
- You’ve asked for a copy of the trust and haven’t received one
- You’ve been told “you’ll get your share soon,” but nothing has arrived
- The trustee isn’t sharing information or documents
- Distributions don’t match what the trust outlines
- You suspect assets are being used improperly
Beneficiaries have rights to trust documents, accountings, and information. If those rights are ignored or delayed, they should ask questions and request professional support.
What If the Trustee Is a Family Member?
Trustees are often family members, especially in family trusts. However, problems can arise when siblings conflict or when adult children live out of state and don’t have full visibility.
We frequently work with situations like:
- One sibling is managing the trust while others are kept in the dark
- Children are fighting over distribution or fairness
- Out-of-town children are concerned about local family members paying bills from a parent’s account
- The trustee isn’t sharing documents or financial records
These cases can become stressful quickly. A professional Trust Accounting CPA or fiduciary, can help bring structure and accountability to the situation.
Supporting Parents or Beneficiaries from Out of State
Many of our clients are adult children helping a parent from another state. It can be hard to know how the trust is being handled, or if it’s being handled.
If you’re concerned about your parents’ finances, estate, or the way a trust is being managed, there are steps you can take:
- Request an accounting or documentation in writing
- Keep a record of communications with the trustee
- Ask your parent if they’ve received statements or distributions
- Involve a professional when you can’t get answers
These steps help protect your parents and the trust’s integrity.
Time to Make Sure the Trust Is Being Managed Properly
Beneficiaries in California have specific legal rights. If you aren’t receiving information, accountings, or distributions, or need clarity on where things stand—you have the right to ask for answers.
At Smith Marion, we specialize in trust and estate accounting for seniors and their families. We help clarify beneficiaries’ rights, prepare court-accepted financial statements, and support clients through disputes or confusion.
Our team has worked with families across California and beyond to support trusts where:
- The beneficiaries live out of state
- There’s no local family available to help
- There are disagreements over distributions or spending
- A parent wants to step back and let a professional manage things
If you need help understanding your rights or supporting a loved one who needs help managing their estate, reach out to us here. Let’s ensure everything is handled correctly and with care.