Probate Litigation
Probate Litigation
We help clients with a range of legal issues, including breach of fiduciary duty, trustee removal, fraud, elder abuse, contested accountings, trust interpretation, and will contests.
Work with an experienced trust litigation attorney who can give you the guidance and support you need to protect your interests and those of your future generations.
Trust Administration
Being a trustee can be complicated and burdensome. A trustee often must dispose of property, determine proper division and deal with competing views, all while still having to take care of all the other details of life and work. We have the knowledge to attend to all that in a timely manner and at reasonable cost.
Breach of Fiduciary Duty
When a loved one has been the victim of fraud, coercion, undue influence or elder abuse, the heartbreak and financial loss can be disastrous. Conversely, one who is sincerely and honestly trying to help may be accused by someone else who has an agenda. Whichever side of that line you may find yourself on, we have been there and done that and stand ready to assist.Navigating these disputes requires careful legal analysis, strategic judgment, and a steady hand to protect assets, reputations, and family relationships while driving the matter toward a fair and timely resolution.
Will and Trust Litigation
Will and trust litigation can be complex, time-intensive, and emotionally draining. Trustees are often required to interpret legal documents, manage or dispose of assets, resolve disputes among beneficiaries, and navigate conflicting interests—on top of everyday personal and professional responsibilities. We bring the legal clarity, strategic insight, and operational discipline needed to handle these matters efficiently, mitigate risk, and drive resolutions at a reasonable cost.
Fraud and Elder Abuse
When a loved one has been the victim of fraud, coercion, undue influence or elder abuse, the heartbreak and financial loss can be disastrous. Conversely, one who is sincerely and honestly trying to help may be accused by someone else who has an agenda. Whichever side of that line you may find yourself on, we have been there and done that and stand ready to assist.
Common questions and information
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Once the executor of the will has applied for Probate (the legal and financial processes involved in dealing with the assets of a person who has died), the will becomes a public document and you can obtain a copy of it to check if you are a beneficiary of the estate.
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If there isn't enough money in the estate to pay all of the gifts in the will, the law states that there's a certain order that decides which beneficiaries should lose their inheritance first: The residuary beneficiaries would lose their right to their inheritance first.
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The grantor can opt to have the beneficiaries receive trust property directly without any restrictions. The trustee can write the beneficiary a check, give them cash, and transfer real estate by drawing up a new deed or selling the house and giving them the proceeds.
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Yes. But according to California's probate code, interested parties only have 120 days after the will's admission to probate to submit their appeal. A will may be challenged in California on several grounds, including undue influence, incompetence, fraud, breaking California law, and the existence of multiple wills.
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To successfully contest a will in California, you need to show through extrinsic evidence that the will was not the intent of the decedent. This often requires expert opinions, witness declarations, testimonies, and the deceased's medical records.
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A will can be declared invalid if its execution or revocation was procured by duress, menace, fraud, or undue influence.
Contesting a Will or Trust
To successfully navigate a will or trust contest, an attorney must have well-rounded knowledge of estate planning matters, as well as an in-depth understanding of the complex litigation rules in California.
Litigating Will and Trust Contests
Mourning the death of a loved one is a challenging time. When that time is interrupted by an objection to the validity of the individual’s will or trust, or you believe that someone has acted improperly, it is vital to ensure that your interests are protected throughout an overwhelming, complicated process.
No Contest Clause
A no-contest clause can operate to disinherit any person who challenges the document's validity.
Amendments
Much litigation concering wills and trusts arises when someone claims they have a valid trust amendment or changed Will that makes large changes to what beneficiaries receive, or when someone challenges a valid change.
Irrevocable Trusts
Trusts become irrevocable when the settlor (the person who made the trust) passes away. However, this does not mean an irrevocable trust cannot be contested.
Revocation
Revocation of a Will or trust requires specific steps in order to be valid. Speak to an attorney if you have concerns about the purported validity of any revocation.
Trust Accounting
A trust accounting, essentially, is bookkeeping required for trusts. Beneficiaries can call upon trustees to show them how the money in the trust is being used.
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Per California probate code sections 16060 and 16062, trustees must keep beneficiaries 'reasonably' informed about how they manage the trust. This includes providing an accounting at least once annually.
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In layman's terms: it keeps trustees accountable to the beneficiaries of the trust, and ideally helps mitigate breaches of fiduciary duty.
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Trust accounting at its most basic tells the financial story of a trust. An accounting usually includes documenting all income and expenses of the trust, and may also require the trustee to give reasons for expenses recorded. Maintaining accurate trust accounting is not only a legal requirement but also a moral responsibility. It allows trustees to demonstrate accountability and transparency in managing trust funds. By providing a detailed record of the trust's financial status, beneficiaries can have peace of mind knowing their interests are being safeguarded. Trust accounting is a vital component of responsible trusteeship.
Trustee Disputes
When co-trustees disagree, they can seek legal recourse. In California, co-trustees may file a petition for instructions with the Superior Court, asking a judge to provide direction on the matter at hand.
How is a trustee held accountable?
Trustees have a crucial responsibility of adhering to the specific terms of the trust and being held accountable to the beneficiaries for their actions. It is important to note that trustees who engage in self-dealing or utilize trust assets for their personal gain may face personal liability. When a breach of trust takes place or is at risk of happening, a probate litigation attorney can work with you to have the court take action and implement various equitable remedies.
What are the remedies against a trustee?
1. Ensuring Trustee Accountability: The court can compel the trustee to fulfill their duties as prescribed.
2. Preventing Further Breaches: The court can issue an injunction to prohibit the trustee from engaging in any breach of trust.
3. Rectifying the Breach: If a breach of trust occurs, the court can compel the trustee to make amends by paying back the misused funds or restoring the lost money to the trust.