California Trust Law Beneficiary Rights – What You Need to Know

People set up trusts for all kinds of reasons. Some want to control asset distribution, while others are focused on avoiding probate. If you’re the beneficiary of a trust, it doesn’t matter what motivated its creator. You have certain California trust law beneficiary rights, and you shouldn’t be afraid to exercise them.

If you’re concerned your rights may have been violated, it’s time to hire a trust lawyer. The team at Hinojosa & Forer LLP can help. Don’t be afraid to reach out and schedule a consultation. We can help you understand your rights and navigate difficult issues like trust disputes.

Understanding California Trust Beneficiary Rights in 2025

According to AARP, 81% of Americans aged 72 or older have estate plans in place, many of which include trusts that leave assets to beneficiaries. With a trust, beneficiaries often have the advantage of not having to go through the probate process, which typically costs between 3% and 7% of an estate’s value.

As a beneficiary, there’s no way to know if your rights are being violated without a clear idea of what they are, so let’s start at the beginning. We’ll start with a breakdown of your rights to trust accounting and information. In California, trust beneficiaries have the following rights:

• The right to a copy of the trust. Under CA Probate Law § 16061.7, beneficiaries are entitled to copies of the trust document itself upon written request. The copy of the trust must contain all current amendments.
• The right to know the trust entitlement. In many cases, beneficiaries are aware of their entitlements. The Merrill Lynch Legacy Study showed that 87% of Americans aged 55 or older believe parents should have direct conversations with their children about their legacies.Even in the absence of these important conversations, trust beneficiaries in California can request the complete details of their entitlements, including how and when they will receive their benefits. Exercising this right helps with financial planning and holds trustees accountable.
• The right to request accounting. According to California state law, beneficiaries have the right to request and receive a detailed accounting of the trust. It should include reports on the trust’s assets, liabilities, income, bank statements, receipts, and disbursements. Requesting accounting can help beneficiaries discover discrepancies and ensure the trustee’s accountability.
• The right to remain informed about the administration. California trust beneficiaries have the right to be kept reasonably informed about the administration of the trust. They are entitled to regular updates on its status and any changes made by the trustee.

It’s up to a trustee to ensure that they are upholding their fiduciary duties and respecting the rights of the beneficiaries. If a trustee is violating any of these rights, the beneficiaries should seek the help of a California trust lawyer.

Legal Actions Trust Beneficiaries May Take

To guarantee beneficiaries’ rights, there are certain legal actions they may take to ensure that those rights are being protected. They include:

• Enforcing the terms of the trust. Beneficiaries can take legal action against trustees when they believe there have been breaches of fiduciary duty. Fiduciary duties include acting in the beneficiaries’ best interests, managing the assets carefully, keeping the assets separate, and maintaining good records.
• Petitioning for trustee removal. If a trustee takes actions that are harmful to the trust, the beneficiaries can petition for their removal. The process requires substantial evidence, and these trust law cases can be complicated. It’s most effective to handle them with the help of a California trust lawyer.
• Ending the trust administration. If all the beneficiaries of a trust are of legal age and unanimously agree to end the administration, they are allowed to do so in California. At that point, the trust will be dissolved and the assets distributed.

If you want to exercise your rights as a beneficiary, the first step is to contact a California trust attorney who can help you understand the situation and your options for legal recourse. Whether you’re planning to petition for a trustee’s removal or you want to end the trust’s administration entirely, you’ll need professional help.

FAQs

Do Beneficiaries Have a Right to See the Trust in California?

Beneficiaries have a right to see the trust in California. They are allowed to submit a written request for a copy of the trust from the trustee, who must then provide it to them in a timely manner. The copy must contain all amendments made to the trust in addition to the original document.

Can a Trustee Remove a Beneficiary From a Trust in California?

A trustee cannot generally remove a beneficiary from a trust in California, as it would be a breach of their fiduciary duty. However, there are some exceptions. If the trust document explicitly gives the trustee the power to determine whether to distribute or withhold assets, they can remove a beneficiary if it’s appropriate. Trustees may also remove beneficiaries on the basis of unsuccessful trust contests.

What Are a Trust Beneficiary’s Rights in California?

A trust beneficiary’s rights in California include the right to information, the right to obtain a copy of the document, and the right to know their entitlement. Additionally, trust beneficiaries have the right to hire a trust attorney and take legal action to remove trustees found to be in breach of their fiduciary duty.

Can a Trustee Withhold Information From a Beneficiary?

A trustee cannot withhold information from a beneficiary. California trust law beneficiary rights include the right to request and obtain information about the trust, including accounting, entitlements, and a copy of the document itself. If a trustee is withholding this information, the beneficiary should consult a trust attorney for help.

What Should I Do if I Believe the Trust Is Being Mishandled?

If you believe the trust is being mishandled, you can request copies of the financial records to verify the claim. Should it be the case that the trustee is not acting with your best interests in mind, you can file a claim against them to enforce the terms of the trust or petition the court for the trustee’s removal in the event of misconduct.

Hire a Trust Lawyer Today

If you are concerned that a trustee may have violated your California trust law beneficiary rights, it’s a good idea to consult a trust lawyer for help. Trust law in California can be quite complicated, and the state’s court system has strict requirements in place regarding how to process trust law claims.

If you’re looking for a lawyer who can help, trust Hinojosa & Forer LLP. As one of the oldest boutique estate litigation firms in California, we have experience with California trust law and a strong history of helping clients resolve their trust cases effectively and efficiently.

Our practice is located at 2215 Colby Avenue in Los Angeles. We are one of the few firms in the area with substantial experience representing clients in trust contests. Contact us to schedule a consultation today.