When someone serves as a trustee in California, they assume a serious legal duty known as a fiduciary duty. Under California law, a trustee must manage assets with the care and skill of a prudent person. That means the trustee should act carefully and make thoughtful decisions. They should also avoid taking unnecessary risks with trust property. While delays are common, beneficiaries have specific rights to ensure the trustee handles the estate correctly.
What a reasonable delay looks like
Some delays are normal. A trustee needs time to value property, resolve debts or file taxes. However, California law sets specific timelines. For example, a trustee must notify beneficiaries within 60 days of the trust becoming irrevocable.
A responsible trustee stays in touch. They explain why things are taking time and answer your questions. If the trustee is working hard and being honest, a slow pace might just be part of a complex process.
When delay becomes a breach of trust
Delay becomes a legal problem when a trustee stops acting with care. The law calls this a “breach of trust” under Probate Code § 16400. Serious warning signs include:
- Failing to provide a required annual report
- Ignoring your written requests for information
- Using trust money for their own personal bills
If these signs appear, the trustee may be breaking the law. You should keep a record of every time you try to contact them.
Knowing your rights
If a trustee’s inaction causes the trust to lose money, the court can hold them personally responsible for those losses. If you feel worried about silence or missing records, you have the right to take action. Learning your rights can help you protect your inheritance and find peace of mind.