Probate & Trust Litigation

Probate and trust litigation presents a daunting challenge to estate representatives, beneficiaries, family members, and estate planning attorneys alike. The grieving process following the loss of a loved one often exposes family dysfunction, which can result in serious conflicts between parents and children, among siblings, and even among generations. It is unfortunate, but these conflicts are often played out in court in protracted and expensive probate and trust litigation.

Probate and trust litigation may include one or more of the following types of disputes:

Contesting the validity of a will or trust

Contesting the appointment of an executor, administrator, or trustee

Resolving title disputes to real and personal property

Proceedings to determine entitlement to estate distribution (heirship)

Actions by and against a personal representative, including:

Compelling an accounting and report of information

Raising objections to an accounting

Claims for mismanagement or misappropriation of property

Obtaining a surcharge for breach of fiduciary duty

Compelling the removal of the representative

Actions to resolve disputes among family members and beneficiaries

Probate disputes concerning bonds

Estate/trust claims against third parties, and third party claims against the estate/trust

You should exercise great care in selecting an experienced litigation attorney to handle your probate or trust litigation matter. Many estate planning attorneys have substantial experience in routine trust and estate administration, but little or no experience in litigation. Litigation matters require a wide range of skills. Your attorney should not only be knowledgeable and experienced in the substantive area of law involved in the dispute, but also be familiar with applicable laws and procedural rules relating to probate, wills, trusts, state and federal taxation, civil litigation procedures, and probate and trust litigation procedures.

For over 42 years, we have represented hundreds of clients in civil litigation matters throughout California. Our current emphasis in litigation is in probate and trust matters, but we also have an extensive background and experience in family law and civil business litigation.

Our goal is to provide highly-skilled, professional representation in probate and trust litigation matters, and to do so for a reasonable fee.

If you would like further information regarding a probate or trust litigation matter, please contact us to schedule a complimentary consultation.