Trust & Estate Litigation

Trust and estate cases are often legally complex and emotional. Many questions can arise in the course of trust and estate administration. When issues need resolution, we can work with you to ensure your interests are well represented.

Trust litigation incorporates a wide range of issues including:

Trust fraud
Breach of fiduciary duty
Trust misappropriation and mismanagement
Trustee failure to determine value of assets
Trustee failure in annual accounting and reporting
Failure to pay beneficiaries
Creditor claims
Trust accounting and administration

The Process of Estate Litigation in California

After a person passes away after creating a will, an interested person will file the will with the probate court. The process of litigation begins when someone files a petition in probate court alleging an issue. Only people with an interest in the estate have a right to file a petition contesting the estate administration.
Once the petition has been filed, the court will begin the process of probate litigation. The person disputing the will or estate administration and the estate executor will both submit evidence supporting their side. At the end of the litigation process, the judge will rule on the disputed issue.

Litigation Involving Breach of Trust

Trustees owe the beneficiaries of a trust a fiduciary duty. When trustees breach their fiduciary duties, interested parties can bring a breach of trust action against the trustee. We will investigate our clients’ cases and pursue trust litigation for the following types of breach of trust:

Diversion of assets from the trust to the trustee
Mismanagement of assets owned by the trust
Failure to perform the duties required by the trustee
Use of undue influence against a vulnerable person
Failure to act in accordance with the terms of the trust agreement

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Trust & Estate Litigation: Services