Trust Litigation and Trustee Failures

Trust Litigation and Trustee Failures: What Bay Area Beneficiaries Need to Know

by Michael Hackard

Publication Date November 2, 2026 in Trust Litigation

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Frequently Asked Questions

Trust litigation most often begins when a trustee fails to account, misappropriates trust assets, favors one beneficiary over others, or refuses to communicate with those entitled to information. These failures can be intentional or the result of neglect, but either way they give beneficiaries legal grounds to act.

Yes. California courts have authority to remove a trustee who has breached fiduciary duties, failed to account, or acted against the interests of the beneficiaries. The process typically requires filing a petition in probate court and presenting evidence of the misconduct.

Under a contingency fee agreement, the attorney receives a percentage of the recovery rather than charging by the hour. Clients pay no upfront legal fees, which makes it possible for beneficiaries who have already suffered financial harm to pursue valid claims without additional financial risk.

California law requires trustees to keep beneficiaries reasonably informed, provide a copy of the trust upon request, and deliver annual accountings that detail trust income, expenses, and distributions. Failure to meet these obligations is itself a breach of fiduciary duty.

It depends on the type of claim and when you discovered the issue. California has statutes of limitations for trust claims, and some run as few as one to three years from discovery. Speaking with a trust litigation attorney promptly is the best way to preserve your options.

Trust Litigation and Trustee Failures: What Bay Area Beneficiaries Need to Know

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Frequently Asked Questions

What are the most common reasons trust litigation starts in California?

Can a beneficiary remove a trustee who is mismanaging the trust?

How does a contingency fee arrangement work in trust litigation?

What does a trustee have to provide to beneficiaries under California law?

Is it too late to pursue a trust dispute if years have passed since the problem began?