Resolve a Dispute
When Something Has Gone Wrong With a Trust
Whether you are a beneficiary who suspects mismanagement or a trustee facing a challenge, we represent clients in contested trust matters throughout California.
Schedule a ConsultationOur Approach
Strategic counsel, not just courtroom appearances
Trust disputes are often family disputes. They involve grief, competing interests, and, in many cases, decades of accumulated tension. We approach each matter with that reality in mind: pursuing your legal interests directly and efficiently, while being clear-eyed about when settlement serves you better than litigation.
Our background in both estate planning and business law gives us a distinct vantage point in trust litigation. We understand how trusts are drafted, how they are supposed to work, and where administration breaks down, which makes us more effective advocates when it does.
Matters We Handle
Trust disputes, comprehensively
Breach of Fiduciary Duty
Trustees are held to a high legal standard. When a trustee self-deals, fails to account, or mismanages trust assets, beneficiaries have legal remedies, including surcharge, removal, and disgorgement of fees.
Trustee Removal
California courts can remove a trustee who has breached their duties, is unable to administer the trust effectively, or whose removal is in the best interests of the beneficiaries. We represent both petitioning beneficiaries and trustees defending removal.
Contested Trust Accountings
Trustees must account to beneficiaries for all trust transactions. If an accounting is incomplete, inaccurate, or conceals improper distributions, we can challenge it in court and compel a proper accounting.
Undue Influence and Capacity Challenges
Trust amendments or restatements executed when a settlor lacked capacity, or was subject to undue influence, can be challenged and set aside. These cases often arise after a death and require prompt action.
Trust Construction and Interpretation
When trust language is ambiguous, beneficiaries and trustees disagree on meaning, or a trust fails to account for changed circumstances, a court can construe the document and resolve the dispute.
No-Contest Clause Analysis
California's no-contest clause rules are nuanced. Before filing any challenge, we analyze whether a no-contest clause applies and advise on the probable cause exception, so you don't inadvertently forfeit your interest.
Who We Represent
Both sides of the table
Beneficiaries
If you believe a trustee has mismanaged assets, concealed information, made improper distributions, or is acting in bad faith, we can evaluate your claims and pursue appropriate relief.
Trustees
Trustees who are acting in good faith but facing accusations, removal petitions, or contested accountings need experienced counsel. We defend trustees and help them fulfill their duties within the law.
Common Questions
Trust litigation, explained
What is trust litigation?
Trust litigation covers disputes arising from the administration, interpretation, or validity of a trust. Common matters include trustee removal, contested accountings, breach of fiduciary duty claims, and challenges to the validity of a trust based on lack of capacity or undue influence.
Who can bring a trust litigation claim in California?
Beneficiaries, co-trustees, and successor trustees all have standing to petition the court in appropriate circumstances. Creditors of the trust or estate may also have rights in certain situations. We assess your standing at the outset of every engagement.
How long does trust litigation take?
It depends on complexity and whether the matter resolves through negotiation, mediation, or trial. Many disputes settle within 6 to 18 months. Contested accountings and removal proceedings that go to trial can take longer. We are direct with clients about realistic timelines from the start.
Can I challenge a trust amendment made shortly before my parent died?
Yes. Amendments executed when a settlor lacked testamentary capacity or was subject to undue influence can be challenged under California law. These cases are time-sensitive. Notice deadlines and statutes of limitations apply. Contact us promptly if you have concerns.
Do I need a trust litigation attorney if I am a trustee being accused of wrongdoing?
Absolutely. Trustees have personal liability exposure. An accusation of breach of fiduciary duty, even an unfounded one, requires experienced legal counsel. We represent trustees in defending removal petitions and breach of fiduciary duty claims.
Facing a trust dispute?
Time limits apply to most trust litigation claims. Contact us promptly for a confidential consultation.
Schedule a Consultation